S.234E: Fee-Default in furnishing the statements-Position prior to 31-3-2015-Quarterly TDS statement-No enabling provision under section 200A for raising demand in respect of levy of fee under section 234E for a period prior to 31-03-2015. [S.200A, Form No 24Q]
S. 199 : Deduction at source-Credit for tax deducted-Year of allowance of TDS credit-Income offered-Credit is to be granted. [R.37BA]
S. 197 : Deduction at source-Certificate for lower rate-New TAN-Assessee had deducted TDS at rates prescribed in certificates and had complied with necessary requirements of their deposit and filing of returns, assessee could not be treated as assessee in default merely on ground that certificates had not been issued on subsequent TAN obtained by assesse.[S. 197(2), 204, R. 28AA, Form No.26Q]
S. 194LBC : Investment in securitization trust-Deduction of tax at source-Payment to originator, as per RBI guidelines-Originator was neither a holder of any securitized debt instrument, securities or security receipts-It could not be regarded as an investor-Payment made to originator was not covered within purview of section 194LBC-Not liable to deduct tax at source. [S.201(1),201(IA)]
S. 154 : Rectification of mistake-Mistake apparent from the record-Amounts not deductible-Deduction at source-Second proviso to section 40(a)(ia) which came into effect from 01-04-2013 was retrospective in operation-Jurisdictional High Court-Rectification application is allowed.[S.40(a)(ia)]
S. 153C : Assessment-Income of any other person-Search-search conducted prior to 1-4-2017, as per existing statutory provisions, date of search had to be reckoned from date of recording of satisfaction for purpose of section 153C. [S.69A 132(4)]
S. 148 : Reassessment-Notice-Non-service of notice-E mail is sent to wrong address-Notice was not served within period of limitation-Notice in e-filing portal had to be considered as date of issuance of notice Reassessment is bad in law. [S. 115BBA,144, 147]
S. 148 : Reassessment-Notice-Notice issued by non-jurisdictional Assessing Officer-Notice and Assessment order is quashed. [S. 147]
S. 148 : Reassessment-Notice-Beyond human probabilities-Factual mistakes and errors in dates mentioned on notice-Assessment order is void ab-initio-Notice issued affixture through inspector without presence of two independent witnesses of neighborhood as per procedure laid down in section 282 read with rules 12, 17 and rule 19 of Order V of Civil Procedure Code, 1908, such service of notice is invalid.[S. 147, 282, rules 12, 17 and rule 19 of Order V of Code of Civil Procedure, 1908,]
S.147: Reassessment-Cash credits-Provisions of IBC overriding effect-Department is bound by terms of resolution plan, as approved by NCLT and Income-tax Department was precluded from undertaking any action with respect to any issue/transaction prior to date of commencement of insolvency process in case of assesse.[S.68, 148, Insolvency and Bankruptcy Code, 2016, S.5, 31, 238]