Section 155(14) — the law in short
What the courts have decided on section 155(14), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Munchener Ruckversicherungs Gesellshaft AG v CIT (International Taxation)
High CourtHelps taxpayer
The deductor credited the TDS late, so it turned up in 26AS only after I had filed. The department says I should have revised my return, and refuses credit because I never offered the income to tax. Is there a way back?
Yes - s.155(14). The Delhi High Court held that s.155(14) places the Assessing Officer under a statutory obligation to amend the assessment or intimation once the certificate or the updated Form 26AS is produced, and that the sub-section neither contemplates nor mandates the original return being amended or revised. It also held that the Commissioner was wrong to require the income to be offered to tax where the assessee had consistently and uncontestedly said the receipt was not taxable in India.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.