Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
TNMM comparability using audited accounts and working-capital adjustments can eliminate unwarranted transfer-pricing additions where verified margins ...
Gross-profit additions on disputed purchases require reasoned appellate determination; disclosed claims alone do not support inaccurate-particulars pe...
Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document...
The High Court held that since the show cause notice is pending adjudication, the decision in the HSBC case cannot be relied upon for seeking a mandamus directing refund of the deposit made under protest for Service Tax Liability on Interchange Fees. Granting such a refund by way of writ of mandamus would render the adjudication of the show cause notice infructuous. Except in exceptional circumstances, a mandamus to act in a particular way is not typically issued. However, the Court directed the respondents to adjudicate the show cause notice along with the Corrigendum within eight weeks, disposing off the petition.
The High Court held that since the show cause notice is pending adjudication, the decision in the HSBC case cannot be relied upon for seeking a mandamus directing refund of the deposit made under protest for Service Tax Liability on Interchange Fees. Granting such a refund by way of writ of mandamus would render the adjudication of the show cause notice infructuous. Except in exceptional circumstances, a mandamus to act in a particular way is not typically issued. However, the Court directed the respondents to adjudicate the show cause notice along with the Corrigendum within eight weeks, disposing off the petition.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4897 
