Short deduction of tax due to application of wrong provision won't lead to sec. 40(a)(ia) disallowan

IT : Short deduction of tax cannot be reason for disallowance under section 40(a)(ia)

Period of stay for payment of tax or filing of return to be excluded for computing time-limit for is

Service Tax : Interim stay on payment of tax and filing of returns by assessee does not amount to stay on service of notice/proceedings by Department; therefore, said period of stay cannot be excluded in computing time-limit for issuance of notice under section 73 of Finance Act, 1994

HC ordered liquidating-co. to pay simple interest to creditor as there was no agreement to show fixe

CL: Where appellant creditor had made inter-corporate deposit with company-in-liquidation, in absence of agreement to show fixed rate of interest company was directed to pay simple interest to creditor

Dept. couldn't deny exemption outright to goods made from old rails on pretext that no duty were pai

Excise & Customs : Where assessee had claimed exemption in respect of 'MS round bars' manufactured out of old rails purchased from Railway through auction as raw material, said exemption could not be denied on assumption that "this is well known that old rails are not duty paid"; department must prove said fact

No denial of benefit of Amnesty Scheme on non-filing of evidence of making application if tax/penalt

CST & VAT: Where tax and penalty was paid by cheques before cut off date of Kara Samadhana Scheme, benefit of scheme can't be denied merely for not producing acknowledgement of having made application

Exp. incurred by film distributor on abandoned film was in nature of revenue exp., says ITAT

IT : Expenditure incurred on abandoned film would be allowable as revenue expenditure

Appeal couldn't be considered as time-barred without first determining the date of delivery of order

Service Tax : In order to attract deeming provision regarding service of order under Section 37C(2) of Central Excise Act, date of tendering/delivery of order sent by post has to be ascertained; failing which appeal cannot be dismissed as time-barred

CIT(A) had to continue adjudication of TP adjustment not related with MAP proceeding initiated with

IT/ILT: Where assessee had withdrawn TP adjustment relating to international transactions with V, USA, taking recourse to MAP under article 27 of Indo US DTAA, whereas balance TP adjustment relating to international transactions with other entities was not withdrawn, Commissioner(Appeals) was to be directed to re-adjudicate TP adjustment on transactions not covered under MAP

HC admitted winding-up of Co. but deferred appointment of liquidator to enable settlement proposal

CL: Where respondent was unable to pay its admitted dues, but company was in process of being revived, winding up petition against it was to be admitted but publication of citation was to be deferred to enable settlement proposals