Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
The note addresses TDS obligations where payments calculated as fixed percentages of net sales were treated as reimbursements; it states that such payments lacked bills or vouchers and were contractual consideration for services (advertising, sales promotion, handling, storage). The legal principle applied is that genuine reimbursements must correspond to verifiable post-facto expenses supported by documentation, whereas fixed-percentage payments that are contractual fall within the TDS charging provisions and require deduction at payment or credit. Consequently, failure to deduct justified disallowance under the relevant tax disallowance provision.
The note addresses TDS obligations where payments calculated as fixed percentages of net sales were treated as reimbursements; it states that such payments lacked bills or vouchers and were contractual consideration for services (advertising, sales promotion, handling, storage). The legal principle applied is that genuine reimbursements must correspond to verifiable post-facto expenses supported by documentation, whereas fixed-percentage payments that are contractual fall within the TDS charging provisions and require deduction at payment or credit. Consequently, failure to deduct justified disallowance under the relevant tax disallowance provision.
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