Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
