Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Where TDS was deducted from the taxpayer's salary as evidenced by the TDS certificate but did not reflect in Form 26AS due to the employer's non-deposit, the taxpayer could not be treated as in default or made to bear the tax demand. Once salary is paid after deduction, the statutory obligation to deposit the deducted TDS lies solely on the employer as the tax-collecting agent under Chapter XVII, and the taxpayer has no control over subsequent remittance. Accordingly, the assessing officer was directed not to recover the demand from the taxpayer and to pursue recovery or other remedial action against the employer; the appeal was allowed. - ITAT
Where TDS was deducted from the taxpayer's salary as evidenced by the TDS certificate but did not reflect in Form 26AS due to the employer's non-deposit, the taxpayer could not be treated as in default or made to bear the tax demand. Once salary is paid after deduction, the statutory obligation to deposit the deducted TDS lies solely on the employer as the tax-collecting agent under Chapter XVII, and the taxpayer has no control over subsequent remittance. Accordingly, the assessing officer was directed not to recover the demand from the taxpayer and to pursue recovery or other remedial action against the employer; the appeal was allowed. - ITAT
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