subscribers and the dividend amongst the subscribers; (d) demand sufficient security for future payment of subscription from the prized subscribers; (e) substitute subscribers for defaulters ... regarding the taxability of the amount of dividend retained from the defaulting subscribers, which had to be given over the substituted subscribers, was held
point that the default in respect of 288-15H Forms had to be treated as one default and not the default separately in respect ... each of the 288 forms. He, therefore, did not subscribe to the learned AM's view that the penalty should be restricted
manufacturer of the Subscriber Equipment.
xx xx
11. LIABILITY OF AMADEUS AND SUBSCRIBER
XX XX
11.2 Subscriber acknowledges that neither AMADEUS nor the other suppliers ... means used to provide the same to subscriber.
XX XX
11.5. AMADEUS disclaims and Subscriber hereby waives any other warranties, guarantees of representation
treated as assessee in default
for non-deduction of TDS. We have no hesitation in subscribing
to the view taken by the coordinate bench
date', therefore, it
cannot be held as being in default for the delay on the part of
the bank or the clearing house ... ourselves to subscribe to the view taken by the lower
authorities that the assessee was to be treated as being in
default for delay
secured lender(s) tantamount to transfer of assets from the
borrower in default to the secured lenders?
7.1. When the secured lender takes over ... SARFAESI subscribes
that 'Where any borrower who is under a liability to a secured creditor under a
security agreement makes any default in repayment
assessee
would not be deemed to be an assessee in default under the
proviso to sub-section (1) of Section 201 .
5. That the learned ... were being rendered by other telecom operators
directly to the subscribers of the appellant and the appellant's
role was only restricted to collecting
made by the assessee and the assessee company
was an assessee in default as per the provisions of chapter XVII of the Act.
Taking note ... earned by the distributor on transfer of such recharge product to the
subscriber. In such a scenario in terms of the case
Bharti Airtel Ltd., Gurgaon vs Assessee on 17 March, 2016
ITA Nos. 3593 TO 3596
thus, did not hold VDL as an assessee in default
for non deduction of tax at source thereon.
16
It cannot be said that ... followed the legally sustainable view while
not treating VDL as assessee in default for non
deduction of tax at source from roaming charges
paid
