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...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
An estate is assessable under section 168 on income accruing from a deceased person's assets after death, and TDS credit on dividend income belongs to the estate only if the income relates wholly to the post-death period. The ITAT found the legal position undisputed but the record insufficient to decide the relevant period, so the Assessing Officer was directed to verify that fact and grant TDS credit accordingly if the income was post-death. It also held that the Addl./Joint CIT(A) had no power to remand the matter to the Assessing Officer under section 251 in the circumstances, and disapproved that course.
An estate is assessable under section 168 on income accruing from a deceased person's assets after death, and TDS credit on dividend income belongs to the estate only if the income relates wholly to the post-death period. The ITAT found the legal position undisputed but the record insufficient to decide the relevant period, so the Assessing Officer was directed to verify that fact and grant TDS credit accordingly if the income was post-death. It also held that the Addl./Joint CIT(A) had no power to remand the matter to the Assessing Officer under section 251 in the circumstances, and disapproved that course.
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