Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
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CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
CBDT instructions treat recovery of 20% of disputed tax demand as the ordinary condition for stay pending a first appeal. Recovery above that level requires recorded reasons, including lack of prima facie sustainability of the taxpayer's case or exceptional circumstances. Where a stay order does not record reasons for exceeding the norm, retaining excess collections or adjusting refunds while the stay continues defeats the protection of the stay. Aggregate recoveries and refund adjustments must be verified, and amounts exceeding 20% must be refunded with applicable interest. The assessment and appellate merits remain open.
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