Direct Tax

Sec. 194C – ‘OLA’ is not liable to deduct tax u/s 194C while making payment to Cab Drivers.

ANI Technologies (P.) Ltd. v. DCIT (TDS) – [2022] 142 taxmann.com 442 (Chandigarh-Trib.).

Sec. 115JB – Notice was issued in SLP filed against HC order that provisions of section 115JB, as it stood prior to its amendment by Finance Act, 2012, would not be applicable to a banking company, governed by provisions of Banking Regulation Act, 1949.

Principal Commissioner of Income-tax v. Central Bank of India – [2022] 142 taxmann.com 184 (SC).

Sec. 9 – Foreign tax credit cannot be disallowed where assessee has filed Form No. 67 before completion of the assessment.

Sonakshi Sinha v. Commissioner of Income-tax – [2022] 142 taxmann.com 414 (Mumbai-Trib.).

Sec. 40(a)(ii) – TDS not like income-tax which is required to be paid on profits & gains chargeable to tax u/s 28 and thus not disallowable u/s 40(a)(ii). Consequently, interest paid u/s 201(1A) upon late payment of TDS cannot be disallowed u/s 40(a)(ii).

Welkin Telecom Infra (P.) Ltd. v. DCIT – [2022] 142 taxmann.com 146 (Kolkata-Trib.).

Sec. 206C – TCS provisions not applicable on assessee trading timber sawn after importing from other countries.

PCIT (TDS) v. Nirmal Kumar Kejriwal – [2022] 142 taxmann.com 141 (Calcutta).

CBDT notifies Form ITR-A for filing of modified return by successor entity.

Notification No. 110/2022, dated 19-09-2022.