Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
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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