Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
Entitlement for relief u/s 89(1) - Can be equated to refund amount or not - Employee under suspension from 01.03.1996 to 16.04.2007 got ‘subsistence allowance’ for the said period. - The court clarified that the relief u/s 89 of the Income Tax Act is a form of rebate or adjustment in the computation of tax liability, not a direct refundable amount. It highlighted that the relief aims to adjust the tax liability when income is received in arrears or advance, impacting the tax rate applied. - The court found no error in the Income Tax Department's calculation of the refund amount. It noted that after accounting for the relief u/s 89, the correct refundable amount was determined and paid to the petitioner.
Entitlement for relief u/s 89(1) - Can be equated to refund amount or not - Employee under suspension from 01.03.1996 to 16.04.2007 got ‘subsistence allowance’ for the said period. - The court clarified that the relief u/s 89 of the Income Tax Act is a form of rebate or adjustment in the computation of tax liability, not a direct refundable amount. It highlighted that the relief aims to adjust the tax liability when income is received in arrears or advance, impacting the tax rate applied. - The court found no error in the Income Tax Department's calculation of the refund amount. It noted that after accounting for the relief u/s 89, the correct refundable amount was determined and paid to the petitioner.
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