Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
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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