Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
A delayed duplicate TDS re-deposit was treated as a real revenue loss because the second payment, though made under mistake, was beyond time and the payee had already availed credit; the levy of interest was therefore sustained. By contrast, where the assessee had already deposited TDS and filed Form 26QB within time, the later filing was only a mistaken duplication and not an original default in furnishing the statement; late fee under section 234E was therefore deleted. The appeal was partly allowed.
A delayed duplicate TDS re-deposit was treated as a real revenue loss because the second payment, though made under mistake, was beyond time and the payee had already availed credit; the levy of interest was therefore sustained. By contrast, where the assessee had already deposited TDS and filed Form 26QB within time, the later filing was only a mistaken duplication and not an original default in furnishing the statement; late fee under section 234E was therefore deleted. The appeal was partly allowed.
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