Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
