Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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A refund determined for one assessment year cannot be adjusted under Section 245 against a tax demand covered by a subsisting, unchallenged interim stay order. The stay for assessment year 2022-23 was conditional on specified instalment deposits, had not been challenged or displaced by the Revenue, and was uploaded on the ITBA Portal by the jurisdictional Assessing Officer. Adjustment of the refund against that stayed demand therefore contravened the operative stay order. The High Court quashed the adjustment and directed restoration of the refund with applicable interest in accordance with law.
A refund determined for one assessment year cannot be adjusted under Section 245 against a tax demand covered by a subsisting, unchallenged interim stay order. The stay for assessment year 2022-23 was conditional on specified instalment deposits, had not been challenged or displaced by the Revenue, and was uploaded on the ITBA Portal by the jurisdictional Assessing Officer. Adjustment of the refund against that stayed demand therefore contravened the operative stay order. The High Court quashed the adjustment and directed restoration of the refund with applicable interest in accordance with law.
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