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...
Where tax on payments has been recovered from the recipient, the payer is not liable as an assessee in default for non-deduction of tax at source; accordingly no penalty under the default provision can be fastened if the recipient has paid the tax. However, interest for failure to deduct remains payable by the payer from the date tax was deductible until the recipient furnishes its return. The assessing officer is directed to verify recipient details, tax payments and return filing; if verification confirms payment by the recipient, the additions shall be deleted.
Where tax on payments has been recovered from the recipient, the payer is not liable as an assessee in default for non-deduction of tax at source; accordingly no penalty under the default provision can be fastened if the recipient has paid the tax. However, interest for failure to deduct remains payable by the payer from the date tax was deductible until the recipient furnishes its return. The assessing officer is directed to verify recipient details, tax payments and return filing; if verification confirms payment by the recipient, the additions shall be deleted.
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