Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Revenue cannot set off or withhold a refund without issuing an intimation u/s 245 of the Income Tax Act. Section 245(1) mandates that before setting off a refund against a demand, an intimation in writing must be given to the person about the proposed action. Section 245(2) allows withholding of refund if assessment/reassessment proceedings are pending and granting refund may adversely affect Revenue, but only after recording reasons and obtaining approval. Unilateral adjustments without prior intimation are contrary to the statute and settled court decisions. Stay applications and rectification applications must be disposed of promptly. The High Court made the rule absolute, directing Revenue to process and pay refunds within four weeks, and decide rectification applications within eight weeks.
Revenue cannot set off or withhold a refund without issuing an intimation u/s 245 of the Income Tax Act. Section 245(1) mandates that before setting off a refund against a demand, an intimation in writing must be given to the person about the proposed action. Section 245(2) allows withholding of refund if assessment/reassessment proceedings are pending and granting refund may adversely affect Revenue, but only after recording reasons and obtaining approval. Unilateral adjustments without prior intimation are contrary to the statute and settled court decisions. Stay applications and rectification applications must be disposed of promptly. The High Court made the rule absolute, directing Revenue to process and pay refunds within four weeks, and decide rectification applications within eight weeks.
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