Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans...
Filing a first appeal against a disputed tax demand does not automatically stay recovery. A stay requires valid reasons and a specific stay petition; where no petition was filed before recovery, the taxpayer cannot claim a stay as of right or obtain refund merely because the appeal remained pending. Refund of the amount already recovered was therefore declined. However, substantial recovery already made may justify protection against further coercive recovery until disposal of the first appeal.
Filing a first appeal against a disputed tax demand does not automatically stay recovery. A stay requires valid reasons and a specific stay petition; where no petition was filed before recovery, the taxpayer cannot claim a stay as of right or obtain refund merely because the appeal remained pending. Refund of the amount already recovered was therefore declined. However, substantial recovery already made may justify protection against further coercive recovery until disposal of the first appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4912 
