Delhi HC condones assessee
company’s delay in filing application u/s. 119(2)(b) seeking refund of TDS
amount for AY 2013-14; Takes note of assessee’s submission that its Chartered
Accountant / auditor had inadvertently overlooked the TDS amount while filing
the return, holds assessee’s reasons as being ‘bonafide’; On Revenue’s
stand that the auditor’s omission was not substantiated, HC remarks that, “This
court has difficulty to understand what more plea or proof any assessee could
have brought on record, to substantiate the inadvertence of its advisor.”;
Noting that the assessee did not urge any other grounds such as illness of
someone etc., which could have reasonably been substantiated by independent
material, HC remarks that, “there cannot necessarily be independent proof or
material to establish that the auditor in fact acted without diligence.”;
Moreover, HC observes that the amount was reflected on the TDS portal of IT
Dept. at the relevant time, thus permits assessee to make refund claim and
directs AO to remit the amount due within three weeks time after due verification,
cites co-ordinate bench ruling in Indglonal Investment & Finance Ltd.:HC
Subscribe to:
Post Comments (Atom)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
No comments:
Post a Comment