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Bombay HC: Recovery Notice & Attachment Quashed – TDS amount claimed by assessee cannot be recovered from him on account of non-deposit by Deductor

In the return of income, the petitioner duly offered the income on account of sale an Immoveable Property under the head capital gains. The Petitioner also claimed credit of the tax deducted at source by the Purchaser u/s 194-IA of the Act. Thereafter, in the intimation, u/s 143(1) of the Act, no credit of TDS was given to the Petitioner as the purchaser had failed to deposit the same in Government Treasury. Consequently, demand u/s 156 of the Act was raised which subsequently let to the issuance of recovery notice. The bank account of the Petitioner was also attached. In [...]

Bombay HC: Recovery Notice & Attachment Quashed – TDS amount claimed by assessee cannot be recovered from him on account of non-deposit by Deductor2020-10-19T13:57:00+00:00

Recovery of Tax Demand from Amalgamated – Successor Company

The Scheme of Amalgamation was approved by the Hon’ble Bombay High Court vide order dated 14th September 2012 with effect from 1st of April, 2011. Thereafter, the case of the predecessor company was reopened u/s 148 of the Act vide notice dated 17th March 2015 which resulted into an order dated 25th January 2016 passed u/s 143(3) r.w.s 147 of the Act on the predecessor. An appeal was filed by the predecessor company against the above order before the First Appellate Authority. The pending appeal before the first appellate authority, the department sought to recover the outstanding tax demand of [...]

Recovery of Tax Demand from Amalgamated – Successor Company2019-09-27T11:58:21+00:00
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