Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Protective assessment is permissible only where there is uncertainty as to the person chargeable to tax, and a corresponding substantive assessment must exist in the hands of the real owner of the income. The Tribunal held that the conversion of a protective addition into a substantive addition was unsustainable without a clear finding, supported by material, that the income was assessable in the assessee's hands rather than his wife's. The claim for exemption under section 54F also required fresh factual examination for compliance with statutory conditions, and TDS credit could not be denied merely for PAN mismatch if the related income had been offered to tax, subject to verification. The matter was restored to the AO for fresh adjudication.
Protective assessment is permissible only where there is uncertainty as to the person chargeable to tax, and a corresponding substantive assessment must exist in the hands of the real owner of the income. The Tribunal held that the conversion of a protective addition into a substantive addition was unsustainable without a clear finding, supported by material, that the income was assessable in the assessee's hands rather than his wife's. The claim for exemption under section 54F also required fresh factual examination for compliance with statutory conditions, and TDS credit could not be denied merely for PAN mismatch if the related income had been offered to tax, subject to verification. The matter was restored to the AO for fresh adjudication.
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