case the facts are different. The payment of procurement price
by way of initial payment and additional price/withheld price ... withheld price and allotment of equity shares out
of the withheld price/ The fixation of withheld price and allotment of equity
shares out of withheld
light of Notification No.108/1995.
7) The principal contractor had withheld payment which exceeds the
amount claimed as refund in order to adjust ... would be recovered by the principal contractor. The
principal contractor had withheld payment which exceeds the amount
claimed as refund in order to adjust
submissions of the
Appellant that no tax is required to be withheld on payment of
commission to non-resident agents as the same ... Impex has also held that no tax is
required to be withheld on payment of foreign commission. With regard
to the applicability of provisions
matter. The argument is that only if the Appellant had
wrongly withheld payment, the Appellant could be made liable for interest
but not otherwise
compulsory extraction of money by a public authority for public purposes, the payment of which is enforced by law. Penalty is ordinarily levied ... conduct in character and is imposed on an assessee, who has withheld payment of any tax and when it is due and payable, the levy
raising the issue and
stated that the action to withhold the
payment against the power supply as illegal.
(l) Again on 15.12.2005, APPCC informed ... first time
raised the issue of LDs and also withheld the
payments for power supplied against liquidated
damages for delay in COD. Immediately, thereafter
recovered. This shows that the damages is for withholding the payment without reasonable cause and in effect for the use of the amounts belonging ... taxing statute. Interest is ordinarily claimed from an assessee who has withheld payment of any tax payable by him and it is always calculated
accrued under the mercantile system of accounting. The fact that certain payments were withheld by DESU was irrelevant. The assessee should not have readjusted ... that the collieries in question had been pressing for the payment of the amounts withheld by him. No suit was filed by any of those
company having a turnover of a crore of rupees would have withheld the payment to one labour contractor to the tune
payment of excise duty on the excisable product. It is entitled to use the credit at any time thereafter when making payment of excise duty ... compensatory in character, and is imposed on an assessee, who has withheld payment of any tax, as and when it is due and payable