S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Excise duty, subsidy-Shown as revenue receipt-Tribunal was justified in admitting additional grounds. [S. 4]
S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Excise duty, subsidy-Shown as revenue receipt-Tribunal was justified in admitting additional grounds. [S. 4]
S. 244A : Refunds-Interest on refunds-Excess advance tax and TDS-Delay in filing refund application was condoned-Period when application was pending adjudication before writ Court could not be attributed to department-Assessee was not entitle interest on refunded amount for said time period. [S. 119(2)(b), Art. 226]
S. 240 : Refunds-Appeal-Depreciation-Amount deposited when the appeal was pending before ITAT-Failure to pass fresh assessment order officer-Directed to refund excess amount deposited after deduction tax liability on depreciation allowance. [S. 143(3), 153, Art. 226]
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]