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Income Tax - Highlights / Catch Notes

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The Appellate Tribunal held in favor of the assessee regarding ...


Appellate Tribunal rules in favor of assessee on prior period expenses and TDS credit issues, rejects disallowance of demurrage charges.

Case Laws     Income Tax

June 28, 2024

The Appellate Tribunal held in favor of the assessee regarding addition towards prior period expenses, citing consistency in previous rulings and emphasizing the assessing officer's obligation to consider the status as a whole. The Tribunal rejected the disallowance u/s 40(a)(ia) for demurrage charges, noting the nature of payments to foreign shipping companies and applicability of relevant Board Circular. TDS credit was denied initially due to non-inclusion in Form-26AS, but the Tribunal referred to CBDT Circular allowing credit based on original Form-16A submission, directing verification by the assessing officer. The Tribunal upheld the charging of interest u/s 234C, citing the lack of provision for waiver despite financial restructuring.

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