37BA(2)(i) of the Income Tax Rules, 1962 (for short the Rules).
After extracting Rule 37BA(2)(i) of the Rules, the assessing
authority ... rule 2(i) is in issue, in the present writ petition, it is
necessary to extract sub-rule 2(i) of Rule 37BA
section 199 read with
Rule 37BA of the Income-tax rules, 1962(hereinafter referred to as Rules).
As per Rule 37BA(1), the credit ... relevant rule framed by Board is Rule 37BA of the Income Tax Rules,
1962. Sub-rule (1) provides that credit for tax deducted at source
deductee has not fulfilled the
condition laid down under Rule 37BA(2) and it was accordingly held by
the ld. CIT(A) that there ... neither a deductee nor the condition laid down
under rule 37BA(2) are fulfilled. Accordingly, he upheld the order passed
by the AO rejecting
thus be seen that under sub-rule 2 of Rule 37BA
where whole or part of the income on which tax has been
deducted ... petitioner could have applied to RBI in terms of sub-
rule 2 of Rule 37BA and completed the procedure envisaged
therein. However, one can gather
Rule 37BA which restricted the benefit of the rule
only in four specified situations. It has thus widened the scope of the
rule 37BA thereby ... Rule 37BA
of the Rules which is applicable to TDS and not to TCS and it is only
Rule 37-I of the Rules which
Rule 37BA which restricted the benefit of the rule
only in four specified situations. It has thus widened the scope of the
rule 37BA thereby ... Rule 37BA
of the Rules which is applicable to TDS and not to TCS and it is only
Rule 37-I of the Rules which
Rule 37BA which restricted the benefit of the rule only in four
specified situations. It has thus widened the scope of the rule 37BA
thereby ... Rule 37BA of the
Rules which is applicable to TDS and not to TCS and it is only Rule 37-I of
the Rules which
only.
The assessee contended that filing of declaration under Rule 37BA(2) is
not mandatory but optional. She relied on the decision of the Pune ... follow in view of
section 199 read with Rule 37BA. He contended that Rule 37BA(2) is
procedural in nature and non-filing of declaration
only.
The assessee contended that filing of declaration under Rule 37BA(2) is
not mandatory but optional. She relied on the decision of the Pune ... follow in view of
section 199 read with Rule 37BA. He contended that Rule 37BA(2) is
procedural in nature and non-filing of declaration
claim for TDS has been made
as per rule 37BA. As per Rule 37BA(2)(i) a declaration has to be
filed with the deductor ... read with rule
37BA of the Income Tax Rules, 1962. The wording of the rule
37BA(2) is crystal clear that credit for tax deducted
