Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Where TDS is tendered by cheque to the authorised bank within the prescribed due date and the cheque is honoured without dishonour, payment relates back to the date of tender. The Tribunal relied on the bank acknowledgment, draft challans and bank letter to find that the cheque was presented on time, and that realisation on the next working day was only because the intervening day was a holiday. On that basis, there was no default in deposit of TDS and no liability to interest under section 201(1A); the interest levy was deleted and the connected appeal followed the same result.
Where TDS is tendered by cheque to the authorised bank within the prescribed due date and the cheque is honoured without dishonour, payment relates back to the date of tender. The Tribunal relied on the bank acknowledgment, draft challans and bank letter to find that the cheque was presented on time, and that realisation on the next working day was only because the intervening day was a holiday. On that basis, there was no default in deposit of TDS and no liability to interest under section 201(1A); the interest levy was deleted and the connected appeal followed the same result.
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