Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Recovery of service tax - Validity of instruction issued by the department to the Bank - Restriction from permitting any withdrawal from the accounts held by the appellant until the service tax liability is fully satisfied - The Court noted that the appellant did not challenge the tax authority's order imposing taxes through the statutory appeal process, making it final. Therefore, the appellant could not challenge the same order in the writ petition. - Regarding the freezing of the appellant's bank account, the Court observed that the tax authority had the power to issue such notices to enforce tax liabilities. - Considering the appellant's financial condition, the Court granted permission to clear the service tax liability through instalments. The appellant was required to make an initial payment and subsequently pay the balance amount in 24 equal monthly instalments.
Recovery of service tax - Validity of instruction issued by the department to the Bank - Restriction from permitting any withdrawal from the accounts held by the appellant until the service tax liability is fully satisfied - The Court noted that the appellant did not challenge the tax authority's order imposing taxes through the statutory appeal process, making it final. Therefore, the appellant could not challenge the same order in the writ petition. - Regarding the freezing of the appellant's bank account, the Court observed that the tax authority had the power to issue such notices to enforce tax liabilities. - Considering the appellant's financial condition, the Court granted permission to clear the service tax liability through instalments. The appellant was required to make an initial payment and subsequently pay the balance amount in 24 equal monthly instalments.
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