Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Challenge concerned denial of tax deducted at source (TDS) credit where a third-party deductor failed to deposit tax, and maintainability of a writ on territorial grounds. Court held that territorial jurisdiction could not be defeated by a later transfer of the assessing authority and permitted the petition to proceed. On the substantive TDS issue, the court recognised that the assessee cannot be penalised for the deductors failure to deposit and quashed the intimation disallowing TDS credit; consequential recovery was declared illegal and a refund with applicable interest was directed.
Challenge concerned denial of tax deducted at source (TDS) credit where a third-party deductor failed to deposit tax, and maintainability of a writ on territorial grounds. Court held that territorial jurisdiction could not be defeated by a later transfer of the assessing authority and permitted the petition to proceed. On the substantive TDS issue, the court recognised that the assessee cannot be penalised for the deductors failure to deposit and quashed the intimation disallowing TDS credit; consequential recovery was declared illegal and a refund with applicable interest was directed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
