Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
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ITAT allowed the appeal and directed grant of TDS credit to the assessee despite absence of Form 16 and non-reflection in Form 26AS. The Tribunal found the deductor/employer had deducted tax but failed to remit it, file returns or issue Form 16, thereby breaching Chapter XVII obligations; however, the assessee produced contemporaneous payslips evidencing deduction and could not procure employer records as an ex-employee. The Tribunal held that the revenue cannot deny credit where the assessee has furnished available documentary evidence showing deduction and where noncompliance lies with the deductor; therefore the TDS claimed in the return must be accepted and the appeal allowed.
ITAT allowed the appeal and directed grant of TDS credit to the assessee despite absence of Form 16 and non-reflection in Form 26AS. The Tribunal found the deductor/employer had deducted tax but failed to remit it, file returns or issue Form 16, thereby breaching Chapter XVII obligations; however, the assessee produced contemporaneous payslips evidencing deduction and could not procure employer records as an ex-employee. The Tribunal held that the revenue cannot deny credit where the assessee has furnished available documentary evidence showing deduction and where noncompliance lies with the deductor; therefore the TDS claimed in the return must be accepted and the appeal allowed.
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