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Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.
In the case of assorted and mixed consignments where both coated and uncoated paper have been used in the exported product, exporter shall declare the consignment as mixed / assorted consignment having used both coated and uncoated paper and can claim entitlements for coated paper not exceeding 20% of their total import quantity entitlements as per the SION without maintaining any separate accountability. The rest they can import paper.
In exercise of the powers conferred under paragraph 2.4 of the Foreign Trade Policy, 2004-2009 and paragraph 1.1 of the Handbook of Procedures (Vol.I), 2004-2009 , notified vide Public Notice No.1 dated 8th April, 2005, the Director General of Foreign Trade hereby makes the following amendments.
HC held that Revenue is to be definitely restrained in terms of Section 205 of the Act from enforcing any demand on the assessee-petitioner insofar as the demand with reference to the amount of tax which had been deducted by the tenant of the assessee in the present case, and assuming that the tenant had not remitted the amount to the Central Government. The only course open to the Revenue is to recover the amount from the very person who has deducted and not from the petitioner.
If we look at the scheme for the provision of deduction of tax at source, it becomes obvious that such person is acting on behalf of the Revenue, i.e.,as an agent of the Revenue. In fact, the person is enabled statutorily to make deduction and remit the amount to the Central Government, though in the instant case, the person who has deducted the amount may be the tenant or lessee of the petitioner and there is such inter se relationship as between the two,
