Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
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The High Court addressed the issue of liability to pay excess tax collection to the Government when the respondent's tax liability is higher than the tax collected. The court held that u/s 8(f)(iii), a dealer must pay excess tax collected to the Government if it surpasses the tax payable for the year. If a dealer collects tax at a rate different from the prescribed rate, it does not qualify as "tax so collected" under the provision. Section 30(1) allows registered dealers to collect tax at specified rates, but it does not apply to cases where dealers collect tax only at rates under Section 8. The court found the Appellate Tribunal's order legally unsustainable and allowed the O.T. Revisions.
The High Court addressed the issue of liability to pay excess tax collection to the Government when the respondent's tax liability is higher than the tax collected. The court held that u/s 8(f)(iii), a dealer must pay excess tax collected to the Government if it surpasses the tax payable for the year. If a dealer collects tax at a rate different from the prescribed rate, it does not qualify as "tax so collected" under the provision. Section 30(1) allows registered dealers to collect tax at specified rates, but it does not apply to cases where dealers collect tax only at rates under Section 8. The court found the Appellate Tribunal's order legally unsustainable and allowed the O.T. Revisions.
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