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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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Refund claim of encashed amount by the revenue - Direction to withdraw recovery proceedings by issuing a demand draft equivalent to the Bank Guarantee - circular dated 18.03.2020 - The Court notes the submissions of both parties regarding the inability to prefer an appeal due to the non-constitution of the appellate tribunal. - Referring to a circular, the Court acknowledges the issue of pending appellate processes due to the absence of the appellate tribunal. The Court directs the respondent to refund the encashed amount to the petitioner within one month from the date of the judgment. It further directs the petitioner to furnish a fresh bank guarantee within one week from the date of refund, valid for one year.
Refund claim of encashed amount by the revenue - Direction to withdraw recovery proceedings by issuing a demand draft equivalent to the Bank Guarantee - circular dated 18.03.2020 - The Court notes the submissions of both parties regarding the inability to prefer an appeal due to the non-constitution of the appellate tribunal. - Referring to a circular, the Court acknowledges the issue of pending appellate processes due to the absence of the appellate tribunal. The Court directs the respondent to refund the encashed amount to the petitioner within one month from the date of the judgment. It further directs the petitioner to furnish a fresh bank guarantee within one week from the date of refund, valid for one year.
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