Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
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...
The text addresses applications under section 197 for determination of withholding tax rate, emphasising that the competent authority must consider the nature of transactions and relevant material before fixing a NIL or other rate; the court declined to direct issuance of a NIL certificate because no authority had examined transaction nature. The court quashed the earlier administrative order and certificate and directed reissuance of a certificate at a lower rate so the assessee must file returns and may be subjected to scrutiny under CBDT criteria; it also ordered time limits for issuing the certificate and for future applications to be decided within the prescribed period.
The text addresses applications under section 197 for determination of withholding tax rate, emphasising that the competent authority must consider the nature of transactions and relevant material before fixing a NIL or other rate; the court declined to direct issuance of a NIL certificate because no authority had examined transaction nature. The court quashed the earlier administrative order and certificate and directed reissuance of a certificate at a lower rate so the assessee must file returns and may be subjected to scrutiny under CBDT criteria; it also ordered time limits for issuing the certificate and for future applications to be decided within the prescribed period.
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