Employer Cannot Be Held Assessee in Default for Non-Deduction of TDS When Restrained by High Court Order Issue Whether an employer-bank can be treated as an “assessee in default” under Section 201/201(1A) for non-deduction of tax at source (TDS) on Leave Travel Concession (LTC) reimbursements involving foreign travel, when such non-deduction was done pursuant to… Read More »
Transporter TDS Exemption Declarations and Form 26A Physical Filingcs Require Detailed Verification Upon Remand Issue Validity of Section 194C(6) Declarations: Whether a transporter declaration lacking specific freight details or registration numbers can be rejected without confronting the assessee with discovered discrepancies, or solely because it is not formatted as per Circular No. 19/2015. Acceptance of… Read More »
Assessee Bank Cannot Be Assessee-in-Default for Non-Deduction of TDS on LFC Governed by High Court’s Interim Stay Issue Whether an employer-bank can be treated as an assessee-in-default under Section 201(1)/201(1A) for failing to deduct tax at source under Section 192 on Leave Fare Concession (LFC) reimbursements involving foreign travel, when non-deduction was made in compliance… Read More »
Maximum Section 271H TDS penalty scaled down to minimum ten thousand per quarter for government institution. Issue Whether levying the maximum penalty of ₹1,00,000 per quarter under Section 271H(1)(a) on a Government educational institution for delayed filing of Form 24Q TDS statements is harsh and unsustainable when deducted tax was timely deposited. Facts Assessee Profile:… Read More »
Complying with binding interim High Court directions protects against TDS default, interest, and penalty. Issue Whether an employer-bank can be treated as an “assessee in default” under Section 201(1), charged interest under Section 201(1A), or penalized under Section 271C for non-deduction of tax at source under Section 192 on Leave Fare Concession (LFC) reimbursements during… Read More »
No TDS default under section 201 applies for EDC payments if payee satisfies first proviso conditions. Issue Whether the assessee can be treated as an assessee-in-default under section 201(1) and saddled with interest under section 201(1A) for non-deduction of TDS under section 194C on External Development Charges (EDC) paid to HUDA/HSVP on directions of DTCP,… Read More »
No TDS obligation triggers on estimated year-end provisions reversed next year without identified payees, nor under Section 201 if expenditure is disallowed under Section 40(a)(ia). Issue Whether an assessee can be treated as an “assessee-in-default” under Section 201(1) for non-deduction of TDS on temporary, estimated year-end provisions that lack identified payees and are reversed in… Read More »
Co-operative Banks Are Exempt From TDS Under Section 194A(3)(v) On Interest Paid To Non-Member Co-operative Societies Issue Whether a co-operative bank paying interest on fixed deposits to non-member co-operative societies is entitled to exemption from deducting tax at source (TDS) under Section 194A(3)(v). Whether the co-operative bank can be treated as an “assessee-in-default” under Section… Read More »
Compliance with High Court Stay Negates Assessee in Default Status and Interest for Non-Deduction of TDS on Foreign Travel LTC Issue Whether an employer-deductor can be treated as an “assessee in default” under Section 201(1) and charged interest under Section 201(1A) for non-deduction of tax at source under Section 192 on Leave Travel Concession/Leave Fair… Read More »
SBI Not Assessee in Default Under Section 201 for Non-Deduction of TDS on Overseas LTC Reimbursements Governed by High Court Stay SBI Not Assessee in Default Under Section 201 for Non-Deduction of TDS on Overseas LTC Reimbursements Governed by High Court Stay Issue Whether an employer bank can be treated as an assessee in default… Read More »