Infrastructure-development deduction remains available to EPC contractors when substantive statutory conditions outweigh contractor labels in agreemen...
Explained Investment Sources: documented gifts and traceable salary savings supported deletion of additions for property and mutual-fund SIP investmen...
Internal comparable pricing supports arm's-length interest on compulsorily convertible debentures, preventing their recharacterisation as equity for t...
Nominee director protection shields independent financial-institution appointees from criminal liability where they lack involvement in deposit defaul...
The appeal was made regarding the incorrect charge of interest u/s 234B of the Act in an order passed u/ss 254, 143(3), and 153A. The issue was whether the assessee should receive credit for taxes paid after the assessment year but before the final determination of demand by the AO for calculating interest u/s 234B. The bench found that the assessee is entitled to relief of interest if tax is paid before total income determination or regular assessment. The AO was directed to give credit for taxes paid while computing interest u/s 234B. The bench also ruled that if the refund amount exceeds 10% of the tax determined, interest u/s 244A should be paid. The assessee was found eligible for interest u/s 244A based on undisputed facts, resulting in a refund of Rs. 2,38,31,324, exceeding 10% of the tax demand. The appeal grounds raised by the assessee were allowed by the bench.
The appeal was made regarding the incorrect charge of interest u/s 234B of the Act in an order passed u/ss 254, 143(3), and 153A. The issue was whether the assessee should receive credit for taxes paid after the assessment year but before the final determination of demand by the AO for calculating interest u/s 234B. The bench found that the assessee is entitled to relief of interest if tax is paid before total income determination or regular assessment. The AO was directed to give credit for taxes paid while computing interest u/s 234B. The bench also ruled that if the refund amount exceeds 10% of the tax determined, interest u/s 244A should be paid. The assessee was found eligible for interest u/s 244A based on undisputed facts, resulting in a refund of Rs. 2,38,31,324, exceeding 10% of the tax demand. The appeal grounds raised by the assessee were allowed by the bench.
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