Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
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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