Income tax - Whether TDS benefit can be denied to deductee for fault of deductor - NO: Delhi HC
NEW DELHI, MAR 19, 2013: THE issues before the Bench are - Whether when it is admitted by the CBDT that the data uploaded in the CPC database by the Department has serious errors, it is necessary for the assessees to file applications for correction of such errors; Whether AOs are required by law to suo moto carry out corrections and upload the data again so that refunds could be issued in genuine cases; Whether before making adjustement of refunds the onus is on the AO to issue an intimation to the assessee; Whether interest can be disallowed to the assessee even though the Revenue admits that it made wrong uploading of data at CPC; Whether when AO makes adjustment in the returned income, it is necessary to issue intimation u/s 143(1); Whether the onus to show that intimation was communicated, is on the Revenue and Whether TDS benefit can be denied to the deductee for the fault of deductor. And the HC lambasts the Revenue.
Continue reading....http://taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=17301
NEW DELHI, MAR 19, 2013: THE issues before the Bench are - Whether when it is admitted by the CBDT that the data uploaded in the CPC database by the Department has serious errors, it is necessary for the assessees to file applications for correction of such errors; Whether AOs are required by law to suo moto carry out corrections and upload the data again so that refunds could be issued in genuine cases; Whether before making adjustement of refunds the onus is on the AO to issue an intimation to the assessee; Whether interest can be disallowed to the assessee even though the Revenue admits that it made wrong uploading of data at CPC; Whether when AO makes adjustment in the returned income, it is necessary to issue intimation u/s 143(1); Whether the onus to show that intimation was communicated, is on the Revenue and Whether TDS benefit can be denied to the deductee for the fault of deductor. And the HC lambasts the Revenue.
Continue reading....http://taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=17301
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