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Tuesday, June 19, 2012

Section 206AA TDS Law Is Unconstitutional: Karnataka High Court

---------- Forwarded message ----------
From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Tue, Jun 19, 2012 at 9:54 AM
Subject: Message from EGroup of SolapurCAs S. 206AA TDS Law Is Unconstitutional: Karnataka High Court
To: editor@itatonline.org


 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.


A Kowsalya Bai vs. UOI (Karnataka High Court)

S. 206AA PAN law read down to not apply to assessees without taxable income

 

The assessee, whose income was below taxable limit, filed Form 15G and requested that no TDS be deducted on the interest on fixed deposit. However, she was informed that in view of s. 206AA inserted by FA 2009, TDS would have to be deducted in the absence of PAN. The assessee filed a writ petition to challenge s. 206AA as being arbitrary and unconstitutional to the extent that it compelled persons with no taxable income to obtain a PAN. HELD upholding the challenge:


(Click Here To Read More)


Regards,


Editor,


itatonline.org

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