Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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TDS treatment of commission paid to travel agents is addressed: where agents have already paid income tax on supplementary commission, no further recovery of TDS shortfall is warranted, though interest under the income tax penal provision is to be computed and demanded. The assessing officer is directed to compute and issue a demand notice for interest payable from date of default until agents payment, and may verify whether agents actually paid tax. If any agents remain unpaid, Revenue may recover the TDS shortfall from the payer, but imposition of penalties on the payer is restricted by the protective penalty provision.
TDS treatment of commission paid to travel agents is addressed: where agents have already paid income tax on supplementary commission, no further recovery of TDS shortfall is warranted, though interest under the income tax penal provision is to be computed and demanded. The assessing officer is directed to compute and issue a demand notice for interest payable from date of default until agents payment, and may verify whether agents actually paid tax. If any agents remain unpaid, Revenue may recover the TDS shortfall from the payer, but imposition of penalties on the payer is restricted by the protective penalty provision.
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