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Service of Notice to the firm: ITAT Amritsar Explains the Law
Case Law Details
- Case Name
- Rajan Chopra, jalandhar Vs. DCIT (ITAT Amritsar)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2006- 07
- Courts
- All ITAT, ITAT Amritsar
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CA Vinamar Gupta
Facts of the case:
A partnership firm purchased property from NRI but failed to deduct TDS u/s 195. The ADIT (International Taxation) raised demand comprising tax and interest by issuing notice to one of the partners of the firm in his individual capacity. CIT A held against the assesse. The moot question before ITAT Amritsar in Sh. Rajan Chopra ITA 415/ASR/2016 pronounced on 28-03-2017 was whether service of notice to the partner in his individual capacity who signed sale deed on behalf of the firm was a valid notice?
Decision : The ITAT Amritsar weighed fol...
Offhand
For an academic purpose, and as a matter of general interest, may be worthwhile giving thoughts to the likely consequences, in a situation in which the partnership is a LLP; or a one man company or an ‘unregistered’ Firm for tax purposes !