Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The liability u/s 201(1) for TDS on provisions in books of ...


Assessee disputed TDS liability on provisions in books. Appellate authority ruled in favor citing precedent.

Case Laws     Income Tax

August 13, 2024

The liability u/s 201(1) for TDS on provisions in books of accounts was disputed by the assessee, arguing that the provisions were reversed in a subsequent year and TDS was complied with when actual invoices were booked. The appellate authority, considering the Assessee's contention and precedent of IBM India (P) Ltd., held that if TDS was deducted in a later year, demand u/s 201(1) cannot be raised, with interest u/s 201(1A) applicable only until deduction. The CIT(A) correctly granted relief on TDS payment, directing the AO to calculate interest until deduction. Revenue's appeals were dismissed by ITAT.

View Source

 


 

You may also like:

  1. Manual filing of applications for Advance Ruling and appeals before Appellate Authority for Advance Ruling

  2. Anti-Profiteering Authority - Certain provisions under Rules 120, 122 and 124 of GST Rules 2017 amended.

  3. The case pertains to the disallowance of a provision for contract losses by the CIT(A) and AO, who erroneously concluded it as an unascertained liability not deductible...

  4. Computation of book profit u/s. 115JB - A.O. took the view that the Provision for bonus is a contingent liability and hence, the same is required to be added to the net...

  5. Imported flow meters, pressure transmitters, level transmitters, parts and accessories were classified under tariff headings 9032 8990 and 9032 9000 or 9026 of Customs...

  6. Validity of refund order - Failure to get Certificate of Export in time - the revisional authority passed an order assessing the tax liability of the appellant/writ...

  7. TDS credit - refund of TDS reflected in his Form-26AS - tax liability was created against the firm but crediting in the account of partner / individual - no dispute that...

  8. Classification of goods - article of stationary or not - activity of printing - Pattadar pass book cum title deed (document of title) - Composite supply or not - The...

  9. The Appellate Tribunal addressed various issues: disallowance of provisions for waste disposal expenses due to lack of evidence and scientific basis, upheld disallowance...

  10. Adjustment of excess service tax paid with subsequent service tax liability - case of Revenue is that Rule 6 (3) of Service Tax Rules, 1994 do not provide for such...

  11. TDS Credit u/s 199 - grievances of the assessee is that the entire TDS amount was not duly given credit by the CPC Centre - cash basis of system of accounting followed...

  12. Territorial Jurisdiction of Advance Ruling Authority - As seen from this provision there is a territorial nexus between the authority for advance ruling of a state and...

  13. Stay - Waiver of pre-deposit - power of Appellate Authority to insist on the assessee paying more than 20% of the disputed tax - Unless the assessee remits 20% of the...

  14. The subordinate authority is not empowered to supersede the orders passed by the appellate authority and an administrative discipline requires that the subordinate...

  15. Disallowance of claim of Provision for expenses - unascertained liability or not - By belated receipt of bills, the payment only gets postponed, but not the liability...

 

Quick Updates:Latest Updates