Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Release of the Amount Seized along with interest u/s 132B(4) read with Rule 119A - Scope of the term 'shall release' - The High court held that the petitioner is entitled to interest if the assessing authority, upon examination, finds that the seized amount was duly explained and not required for satisfying any existing or likely tax demand. - The court interpreted the statutory provisions as directory, not mandatory, stating that the assessing authority's failure to decide within 120 days does not automatically entitle the petitioner to the release of the seized amount. - The writ petition was disposed of without granting the writ of Mandamus as prayed for by the petitioner. Instead, the court directed the Assessing Authority to decide on the petitioner's application within two weeks, ensuring a reasoned and speaking order after hearing the petitioner.
Release of the Amount Seized along with interest u/s 132B(4) read with Rule 119A - Scope of the term 'shall release' - The High court held that the petitioner is entitled to interest if the assessing authority, upon examination, finds that the seized amount was duly explained and not required for satisfying any existing or likely tax demand. - The court interpreted the statutory provisions as directory, not mandatory, stating that the assessing authority's failure to decide within 120 days does not automatically entitle the petitioner to the release of the seized amount. - The writ petition was disposed of without granting the writ of Mandamus as prayed for by the petitioner. Instead, the court directed the Assessing Authority to decide on the petitioner's application within two weeks, ensuring a reasoned and speaking order after hearing the petitioner.
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