S. 237 : Refunds-Intimation-Right of assessee-Failure by Department to process return within prescribed time-Direction issued to Department to grant refund with interest. [S. 139, 140. 140A, 143(1), 244A, Art. 226]
S. 237 : Refunds-Intimation-Right of assessee-Failure by Department to process return within prescribed time-Direction issued to Department to grant refund with interest. [S. 139, 140. 140A, 143(1), 244A, Art. 226]
S. 201 : Deduction at source-Failure to deduct or pay-Leave travel concession-Estimate of income-Assessee in default Public sector Bank-Employees travelling not only to domestic destination but to foreign countries-Not taking shortest possible route-Employees not entitled to exemption-Leave travel concession reimbursed without deduction of tax at source-Assessee could not claim ignorance about travel plans of employees-Complete facts available-Not a bona fide mistake-Liable to pay interest. [S. 10(5), 192(1), 201(1), ITR. 2B]
S. 201 : Deduction at source-Failure to deduct or pay-Interest-Non-convertible debentures and fixed deposit-Value less than Rs. 5,000-Not liable to deduct tax at source-Not liable to pay interest. [S. 201(1), 201(IA), Art. 136]
S. 201 : Deduction at source-Failure to deduct or pay-Assessee in default-If recipient includes amount in its income and pays taxes-Assessee cannot be held in default-Interest leviable for period between date of default in deduction and date on which recipient paid tax-Matter remanded for verification. [S. 201(1), 201(IA)]
S. 194H : Deduction at source-Commission or brokerage-Airline-Supplementary Commission-No distinction between direct and indirect payments-Principal-Agent relationship to be seen from terms of contract between parties-Liable to deduct tax at source-If recipient includes amount in its income and pays taxes-Assessee cannot be held in default-Interest leviable for period between date of default in deduction and date on which recipient paid tax–Different views High Courts-Reasonable cause-Levy of penalty was quashed. [201(1), 201(1A), 271C, 273B ; Contract Act, 1872, ss. 182, 215, 216]
S. 158BC : Block assessment-Undisclosed Income-Excess stock found during search-unaccounted income admitted by director in the course of search proceedings-Tribunal deleting the addition-High court reversing the order of the Tribunal-Order of High Court affirmed [S. 158BB, Art. 132]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Order for issue of notice after six years-Barred by limitation-Order was quashed. [S. 147, 148, 148A(d), Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Additional time was not provided for submitting the reply-Notice set aside-Matter remanded. [S.148, 148A(b), 148(d), Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Failure to grant minimum seven days’ time to respond to notice-Demand not raised and final assessment order was not passed-Writ petition was dismissed. [S. 147, 148, 148A(b), 148A(d), Art, 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Intimation-Fresh material not necessary for reopening assessment-Order passed under section 148A(d) and notice issued under section 148 is held to be valid. [S. 143(1), 147, 148, 148A(d), Art. 226]