S. 201 : Deduction at source – Failure to deduct or pay – Charge of interest is mandatory even if recipient has paid for short deduction of tax . [ S. 194A ]
D. D Township Ltd. v. ITO (2018) 61 ITR 1 (Delhi) (Trib)S. 201 : Deduction at source – Failure to deduct or pay – Charge of interest is mandatory even if recipient has paid for short deduction of tax . [ S. 194A ]
D. D Township Ltd. v. ITO (2018) 61 ITR 1 (Delhi) (Trib)S. 201 : Deduction at source – Failure to deduct or pay –Interest is to be levied only from date on which tax was deducted and till date on which tax was deposited, only if such a period exceeds one month however interest would be levied even for delay of a day. [ S. 194A, 201(IA) ]
Bank of Baroda. v. DCIT (2018) 168 ITD 180 (Ahd) (Trib.)S. 197 : Deduction at source – Certificate for lower rate – Flaw in decision making process- No Change in facts during period between grant of certificate and order cancelling certificate —Violation of principles of natural justice — Order was quashed . [ S. 263 R.28AA ]
Tata Teleservices (Maharashtra) Ltd. v. DCIT (2018) 402 ITR 384/253 Taxman 343 /163 DTR 317 /301 CTR 377 (Bom) (HC)S. 194J : Deduction at source – Fees for professional or technical services –Rendering desktop , help desk, call centre etc was held to be technical services and not maintenance contract [ S.194C ]
Bombardier Transportation India (P.) Ltd. v. DCIT (2018) 168 ITD 599/193 TTJ 115 / 168 DTR 212 (Ahd) (Trib.)S. 194H : Deduction at source – Commission or brokerage – Recharge vouchers supplied to distributors at discount was held to be commission ,considering the principal and agent relation hence liable to deduct tax at source .[ S. 201(1), 201(IA) ]
Vodafone Mobile Services Ltd. v. DCIT (2018) 168 ITD 219 (Hyd) (Trib.)S. 194H : Deduction at source – Commission or brokerage –Principal and agent -Payment of commission made to advertisement agencies was held to be liable to deduct tax at source . Non compliance was held to be attracted the provision of S. 201 [ S. 201(IA ]
Director, Prasar Bharti v. CIT(2018)403 ITR 161/ 164 DTR 177/ 302 CTR 9/255 Taxman 1 (SC) , www.itatonline.org/Editorial: CIT v. Director, Prasar Bharti ( 2010) 325 ITR 205/ 230 CTR 277 /189 Taxman 315 ( Ker) (HC) is affirmedS. 192: Salary – Deduction at source – Non-Resident — Employees rendering services on deputation at USA and Germany on assignment basis – Not liable to tax in India as services were rendered there hence not liable to deduct tax at source -DTAA- India – USA- Germany [ S. 2(45) 4, 5(2), 9(i)(ii), 90, 192 , 195,Art. 25 , 23 ]
Hewelett Packed India Software Operation P.Ltd In, re ( 2018) 401 ITR 339/162 DTR 337 301 CTR 12(AAR)S. 170 : Succession to business otherwise than on death -Assessment— Amalgamation of companies — Assessment on company which is non-existent was held to be not valid- Assessment was not procedural irregularity which can be curable. [ S. 143(3), 292B ]
CIT v. Nokia Solutions And Network India Pvt. Ltd. (2018) 402 ITR 21// 253 Taxman 409 /164 DTR 198 (Delhi) (HC)S. 164:Representative assessees – Charge of tax –Association of Persons — Trust formed for providing financial assistance to self-help groups —Assessee taxable as association of persons at maximum marginal rate on entire income not merely on surplus.-Principle of mutuality is not applicable- Liable to deduct tax at source- Matter remanded to AO [ S.4, 40(a)(ia) , 160, 167 ]
Sarvodaya Mutual Benefit Trust, Thellar. v . ITO (2018) 61 ITR 104 (Chennai) (Trib) Sarvodaya Mutual Benefit Trust, Pernamallur v . ITO (2018) 61 ITR 104 (Chennai) (Trib)S. 158BD: Block assessment – Undisclosed income of any other person –Recording of reasons – Issue of Second (Fresh) Notice under S. 158BD of the Act is valid [ S. 132,148 , 158BC ]
Tapan Kumar Dutta v. CIT ( 2018)404 ITR 28/ 165 DTR 169/302 CTR 102 /255 Taxman 200 (SC) , www.itatonline.org