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Shrayan -- Portfolio

Shrayan

new Delhi I am a Digital marketer @thakurani

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How is TDS deducted from contractors for sub contractors?

The contractor is liable to deduct and pay TDS to the credit of the Government 1% (20% if PAN is not available)
Jurisdiction transfer was set aside by HC being in violation of Sec. 127(2).
Nov. 02, 2015
Assessee filed writ petition contending that jurisdiction in its case was transferred from one place to another without service of show-cause notice, same being violation of Sec.127(2). HC held that impugned order revealed that it does not refer to any contention raised on behalf of the assessee, thereby clearly proving that assessee was not afforded any opportunity of hearing. Thus, impugned order was contrary to Sec.127 & same was set aside. -0...
Illiterate tax payers should be dealt more sympathetically by Income Tax Dept.SC
Nov. 09, 2015
Assessee in return showed income. Agri. ITO under circumstances assessee directed to submit fresh return & to produce account books & filure would lead to assessment u/s 25(5) of Act. On non appearance ITO assessed income. On appeal SC held, Ignorant & illiterate people who are not, well versed with law of income-tax should be dealt with more sympathetically than was done here. They should not be penalised in manner that assesses was penalised.-0...
Reassessment u/s 148 by AO disallowed as income escaped assessment not proved.
Nov. 04, 2015
Assessee-firm exported diamonds. Assessment reopened u/s148 on ground that assessee had undervalued closing stock of diamonds & diverted funds, income escaped assessment. On appeal HC held, not necessary to examine assessee's contention that even otherwise assessee had sufficient interest bearing funds & therefore, it can't be said that assessee diverted its interest bearing funds to non-interest earning advances. HC disallowed reassessment.-010591
Meaning of profit u/s 80HHC depend on context in which it is used, held SC.
Nov. 09, 2015
Assessees claim of deduction u/s 80HHC was disallowed on ground that profits of business computed as per Sec. indicated negative figure. CIT upheld it. Tribunal held against CIT. HC again reversed it. SC dismissed appeal stating, term profit in Sec. 80HHC both in sub-Sec.(1) & in sub-Sec.(3) means positive profit worked out after taking into consideration losses, if any. Thus, word profit has same meaning in Sec. 80HHC(1) & (3).
High Court appointed an arbitrator where valid arbitration clause existed
Aug. 15, 2016
Petitioner insured its factory with respondent under Standard Fire and Special Perils Policy. Following a fire in the premises petitioner lodged a claim with respondent, who appointed a surveyor. Petitioner invoked the arbitration clause of the policy for the balance claim amount, and filed a petition u/s 11(6) for appointment of an arbitrator. The High Court allowed the petition and appointed an arbitrator. -500106
Claim to be considered trading loss decided with ref.to Apex Court decisions, HC
Nov. 04, 2015
Assessee manufactured & sold fire works. AO disallowed claim of disputed debts due from debtors & sum towards time barred debts. He made additions. CIT & ITAT rejected assesse's claim. On appeal HC set aside ITAT's order & directed it to consider assessee's claim of sum of Rs. 4,75,307/- as to whether said can be considered as trading loss in light of decisions of Apex Court: Madras Industrial Investment Corpn. Ltd. v. CIT.[1997] 225 ITR 802.-010597
As payments non-taxable in India as per DTAA between USA & India,Thus, No TDS.
Dec. 08, 2015
Assessee paid data storage space charges to INetU, a NR. AO in assessm't held, assessee did'nt deduct TDS at time of making payment, said amt. was not allowable as deduct'n u/s 40(a)(i). CIT(A) allowed claim of assessee holding, payments in Q. were not taxable in India as per DTAA between USA & India & therefore they were not liable for TDS. On appeal ITAT uphled it as, findings of CIT (A) have not been rebutted with any evidence by revenue.-000326
Winding up petition remanded to Company Court to be decided afresh
Aug. 16, 2016
The respondent issued convertible bonds, and appellant was appointed as trustee for the bonds. Appellant issued a statutory notice for winding up u/s 433 & 434, when respondent failed to pay interest on instalments. Company Court dismissed the petition for lack ff jusrisdiction. Division Bench of the High Court held that dismissal of Company Petition on the ground of jurisdiction was incorrect, and remanded the matter to the Company Court. -500107
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Shrayan -- Portfolio

Shrayan

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Shyam, I welcome you to booking page

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