Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Discussions address TDS obligations for rental and professional service payments where failure to deduct on provision led to assessment under withholding liability. For rent, absence of recipient declarations or proof of taxability and no evidence of payment despite provision, combined with a bank assessees access to expert advice, meant the proviso conditions were not satisfied and withholding liability was upheld, resulting in default treatment. For legal and consultation fees, part payment on which TDS was shown to be deducted may relieve the assessee for that portion; the remainder is remitted to the TDS assessing officer for verification and adjustment. Appeal partly allowed accordingly.
Discussions address TDS obligations for rental and professional service payments where failure to deduct on provision led to assessment under withholding liability. For rent, absence of recipient declarations or proof of taxability and no evidence of payment despite provision, combined with a bank assessees access to expert advice, meant the proviso conditions were not satisfied and withholding liability was upheld, resulting in default treatment. For legal and consultation fees, part payment on which TDS was shown to be deducted may relieve the assessee for that portion; the remainder is remitted to the TDS assessing officer for verification and adjustment. Appeal partly allowed accordingly.
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