Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The High Court held that the Revenue's decision to adjust the refund due to the petitioner for the assessment years 2008-09 and 2017-18 against the stayed demand for the assessment year 2015-16 was arbitrary. The court noted that granting stay of recovery subject to payment of 20% of the outstanding tax demand was in accordance with the CBDT's instructions. Adjusting refunds against the stayed demand would place the assessee entitled to a refund in a disadvantageous position compared to those without refunds. There was no allegation that the petitioner was alienating assets or unable to pay the disputed demand if confirmed. The court directed the Revenue to refund the amount due with applicable interest for the assessment years 2008-09 and 2017-18 within eight weeks.
The High Court held that the Revenue's decision to adjust the refund due to the petitioner for the assessment years 2008-09 and 2017-18 against the stayed demand for the assessment year 2015-16 was arbitrary. The court noted that granting stay of recovery subject to payment of 20% of the outstanding tax demand was in accordance with the CBDT's instructions. Adjusting refunds against the stayed demand would place the assessee entitled to a refund in a disadvantageous position compared to those without refunds. There was no allegation that the petitioner was alienating assets or unable to pay the disputed demand if confirmed. The court directed the Revenue to refund the amount due with applicable interest for the assessment years 2008-09 and 2017-18 within eight weeks.
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