Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The High Court held that after the Income Tax Appellate Tribunal's order, the tax authorities are bound to refund the amount to the petitioner with interest, without requiring any formalities to be completed. The non-functionality of the TRACES Portal cannot be grounds for denying the statutory benefit under the Income Tax Act. Section 243 provides for payment of interest on delayed refunds, while Section 241A about withholding refunds is not applicable in this case. Section 245 allows setting off refunds against outstanding tax payable after giving written intimation. The TRACES Portal's limitations cannot override the assessee's rights under the Income Tax Act. The authorities must complete the refund exercise within 30 days.
The High Court held that after the Income Tax Appellate Tribunal's order, the tax authorities are bound to refund the amount to the petitioner with interest, without requiring any formalities to be completed. The non-functionality of the TRACES Portal cannot be grounds for denying the statutory benefit under the Income Tax Act. Section 243 provides for payment of interest on delayed refunds, while Section 241A about withholding refunds is not applicable in this case. Section 245 allows setting off refunds against outstanding tax payable after giving written intimation. The TRACES Portal's limitations cannot override the assessee's rights under the Income Tax Act. The authorities must complete the refund exercise within 30 days.
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