Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
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The HC held that the petition was maintainable despite the availability of alternative remedies and the requirement of pre-deposit, as the entire tax was recovered prematurely before the expiry of the statutory period for appeal under Section 73. Although statutory appeals require a 10% pre-deposit, the appellate tribunal is yet to be constituted, and the respondents improperly retained 20% of the tax in dispute without refunding the balance. The court directed respondent No. 1 to refund the excess amount to the petitioner's electronic credit ledger within one week, recognizing that the respondents were only entitled to retain 20% under Sections 107(6) and 112(8). The petition was disposed of accordingly.
The HC held that the petition was maintainable despite the availability of alternative remedies and the requirement of pre-deposit, as the entire tax was recovered prematurely before the expiry of the statutory period for appeal under Section 73. Although statutory appeals require a 10% pre-deposit, the appellate tribunal is yet to be constituted, and the respondents improperly retained 20% of the tax in dispute without refunding the balance. The court directed respondent No. 1 to refund the excess amount to the petitioner's electronic credit ledger within one week, recognizing that the respondents were only entitled to retain 20% under Sections 107(6) and 112(8). The petition was disposed of accordingly.
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