ADVANCE AN-8643/8644 Driver
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ADVANCE AN-8643/8644 Driver
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Key Features An incredible database. DriverIdentifier commits to provide the most updated drivers. We may also note that under Section of the Act, the primary liability to pay tax is on the person whose income it is that is the deductee. Of course, a duty is cast upon the deductor, that is the ADVANCE AN-8643/8644 who is making the payment to the deductee, to deduct tax at source but if he fails to ADVANCE AN-8643/8644 so, it does not wash away the liability of the deductee.
It is still the liability of the deductee to pay the tax. In that sense, the liability of the deductor is a vicarious liability and, therefore, he cannot be put in a situation which would prejudice him to such an extent that the liability would remain hanging on his head for all times to come in the event the Income Tax ADVANCE AN-8643/8644 decides not to take any action to recover the tax either by passing an order ADVANCE AN-8643/8644 Section of the Act or through making an assessment of the income of the deductee.
The decision in CIT vs. Hutchison Essar Telecom Ltd.
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There the Court held that proceedings under Section 1 and 1A of the Act can be initiated only within three years from the end of the Assessment Year or within four years from the end of the relevant Financial ADVANCE AN-8643/8644. In the meanwhile, by way of Finance No.
Provided that such order for a financial year commencing on or before the 1 st day of April, may be passed at any time on or before the 31 st day of March, Sub-clause b of clause 65 seeks to provide time limit for passing of order under sub-section 1 of section in case of resident tax payers. It provides that no order shall be made under sub-section 1 ADVANCE AN-8643/8644 sectiondeeming a person to be an assessee in default for failure to deduct the whole or any part of the tax in the case of a ADVANCE AN-8643/8644 resident in India, at any time after the expiry of two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section has been filed.
It ADVANCE AN-8643/8644 provides that in any other case such order shall not be made at any time after four years from the end of the financial year in which payment is made or WP C Nos.
ADVANCE AN-8643/8644 further provides that such order for a financial year commencing on or before 1 st day of April, may be passed at any time on or before the 31 st day of March, The sub-clause also provides that the provisions of sub-clause ii of sub-section 3 of section and of Explanation 1 ADVANCE AN-8643/8644 section shall, so far as may apply to the time limit prescribed in proposed sub-section 3 of section In the absence of such a time limit, disputes arise when these proceedings are taken up or completed ADVANCE AN-8643/8644 substantial time has elapsed.
Where no ADVANCE AN-8643/8644 statement is filed, such order can be passed up till four years from the end of the financial year in which the payment is made or credit is given.
To provide sufficient time for pending cases, it is proposed to provide that such proceedings for a financial year beginning from 1 st April, and earlier years can be completed by the 31 st March, However, no time-limits have been prescribed for order under sub-section 1 of section where WP C Nos. It is proposed to make these ADVANCE AN-8643/8644 effective from 1 st April, Accordingly it will apply to such orders passed on or after the ADVANCE AN-8643/8644 st April, It is claimed that, therefore, as far as the Department ADVANCE AN-8643/8644 concerned it understood the insertion of the proviso to Section 3 as providing sufficient time for pending cases in respect of which the proceedings were to be completed by 31 st March, However, it appears that contrary to the above understanding by the Department itself depicted in the above circular issued by the CBDT, the Department understood the above amendment as permitting it ADVANCE AN-8643/8644 initiate proceedings under Section of the Act for treating an Assessee as an Assessee in default even in respect of alleged failure to deduct TDS for a period more than four years earlier to 31 st March, This question, after the amendment to Section of the Act brought about by the Finance No.
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CJ International Hotels Pvt. One of the questions addressed by the Court in ADVANCE AN-8643/8644 said case in its judgement dated 9 th February, concerned the initiation of proceedings against the Assessee for declaring an Assessee ADVANCE AN-8643/8644 be an ADVANCE AN-8643/8644 in default. The discussion in the said judgement on this issue is contained in paras 6 to 10, which read as under: It is evident from the above discussion that the assessee was sought to be proceeded against Section as one in default, after the period of four years.
This Court is conscious that the text of the provision nowhere limits the exercise of powers. Equally, there are several provisions of enactment, i.
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ADVANCE AN-8643/8644 At the same time, this Court in NHK Japan supra was of the opinion that the power to treat someone as assessee in default is too drastic, vague and oppressive since it is conditioned by some measure of limitation. In these circumstances, the Court had insisted that for the purpose of initiation of proceedings ADVANCE AN-8643/8644 Sectionthe AO has to act within four years.
The judgment in NHK Japan to a certain extent was limited by the amendment to Section by substitution of Section 3 ADVANCE AN-8643/8644.
This substitution was in turn amended w. As a result, the provision which exists as on date is as follows: Secondly, Section ADVANCE AN-8643/8644 was amended by introduction of sub-section 1 A - with retrospective effect, from 1. The ADVANCE AN-8643/8644 underwent legislative changes on different occasions.