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The Karnataka High Court set aside a service tax order after observing that the authority failed to properly examine exemption claims under Notification No.25/2012-ST. The matter was remanded for fresh consideration from the stage of reply to the show cause notice.
The ITAT Raipur held that additions for cessation of liability cannot be made merely because creditor confirmations were not filed when PAN details, ledger accounts, and other records were already submitted.
The assessee claimed that amounts deposited in bank accounts were retailer collections remitted to the telecom company and not commission income. The Tribunal directed the Assessing Officer to conduct proper verification.
ITAT Indore set aside the appellate order denying TDS credit after the assessee produced Form 16A and Form 26AS showing deduction and payment of tax by the deductor. The matter was remanded to the Assessing Officer for verification and grant of eligible credit.
The Tribunal held that TDS entries appearing in Form 26AS are sufficient material for reopening assessments when no return is filed. The ruling emphasizes that taxpayers must reconcile Form 26AS with books and returns to avoid reassessment proceedings.
The Tribunal upheld reopening under Section 147 as Form 26AS reflected substantial contract receipts despite no return being filed. It ruled that such information constitutes valid grounds for belief of income escaping assessment.
High Court held that receipts reflected in Form 26AS cannot automatically be treated as taxable services. Tax liability must first be established under the charging provisions of law after examining the nature of the receipts.
The Tribunal held that TDS credit cannot be denied merely because it does not appear under the assessee’s PAN. It ruled that the assessee cannot be forced to ensure revision of TDS returns by the deductor.
The Tribunal held that delay in filing the return due to pending probate proceedings was beyond the control of executors. It ruled that such delay constituted a bona fide explanation, leading to deletion of penalty under Section 270A.
The Tribunal held that TDS credit must be granted in the year in which the related income is assessed, even if it is not reflected in Form 26AS. The case clarifies that timing differences by the deductor cannot deny rightful credit.