S. 226 : Collection and recovery-Modes of recovery-Priority over debts-FDR to secure payment of debt-Secured creditor-Priority over Income Tax department who is an unsecured creditor. [Securities Contracts (Regulation) Act, 1956, 8, 9]
S. 226 : Collection and recovery-Modes of recovery-Priority over debts-FDR to secure payment of debt-Secured creditor-Priority over Income Tax department who is an unsecured creditor. [Securities Contracts (Regulation) Act, 1956, 8, 9]
S. 220 : Collection and recovery-Assessee deemed in default-Stay of demand-Directed to deposit 20 percent of demand sum-Recovery proceedings was stayed. [S. 220(6), Art. 226]
S. 206C : Collection at source-Trading-Forest produce-Trading of timber sawn into logs of different dimensions and shapes which was imported from other countries-Timber sold by assessee would not amount to forest produce and, thus, provisions of section 206C(1) were not applicable on same. [S. 206(1)]
S. 206AA : Requirement to furnish Permanent Account Number-Non-Resident-Provisions cannot have overriding effect on DTAA-Rates prescribed under DTAA are applicable-DTAA-India-Netherland. [S. 2(37A)(iii), 4, 5, 9(1)(i), 90(2), 206AA(7), Art. 12(4)]
S. 199 : Deduction at source-Credit for tax deducted-Rectification of application was directed to be allowed-Matter remanded to the Appellate Authority to decide afresh. [S. 154]
S. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation-Motor Accidents Claims Tribunal award-TDS cannot be deducted by insurance companies on interest on compensation with effect from 1-6-2015 even if interest is beyond Rs. 50,000 in a particular year. [S. 2(24), 2(28A), 56(2), Form 15G, Rule, 29C, Motor Vehicle, Act. 1988]
S. 153C : Assessment-Income of any other person-Search-Unexplained investment-Share transaction-No incriminating material was found in the course of search-Addition cannot be made. [S. 69]
S. 153A : Assessment-Search or requisition-Long term capital gains on sale of shares-No incriminating material was found-Merely on the basis of statement of and letter of Managing Director of company-Addition cannot be made. [S. 10(38), 68]
S. 153A : Assessment-Search or requisition-Cash credit-Capital gain-Sale of shares-Incriminating material-When no incriminating material found during course of search and AO had made additions solely relying on disclosures made by Managing Director of a company on which search was conducted, impugned addition was unjustified. [S. 10(38), 45, 68]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained investments-Shares-SEBI registered broker-Information was not reported by the Assessing Officer of Vishesht Financial Services Pvt. Ltd. (VFSPL) to assessee’s Assessing Officer-Notice was set aside and matter was to be remanded to Assessing Officer to pass a fresh order-Matter remanded. [S. 69, 147, 148, 148A(d), Art. 226]