Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
ITAT allowed the assessee's appeal, holding that a person governed by the Portuguese Civil Code, 1860 and falling under s.5A of the Income-tax Act is not subject to Rule 37BA for allocation of TDS credit. Since the TDS of Rs. 10,36,269 on income (other than salary) was deducted and reflected in the assessee's name and PAN, full tax credit must be granted to the assessee, notwithstanding the community property regime and apportionment of income between spouses. The AO was directed to allow the entire TDS credit as claimed in the return.
ITAT allowed the assessee's appeal, holding that a person governed by the Portuguese Civil Code, 1860 and falling under s.5A of the Income-tax Act is not subject to Rule 37BA for allocation of TDS credit. Since the TDS of Rs. 10,36,269 on income (other than salary) was deducted and reflected in the assessee's name and PAN, full tax credit must be granted to the assessee, notwithstanding the community property regime and apportionment of income between spouses. The AO was directed to allow the entire TDS credit as claimed in the return.
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