Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC directed that, since the appellate fact-finding by the ITAT attained finality and the petitioner paid the assessed arrears in accordance with the tribunal's order, no further recovery proceedings could be lawfully pursued and the existing attachment must be lifted. Relying on the mandate of s.225(2) of the IT Act, the court ordered the Tax Recovery Officer (TRO) to vacate the attachment dated 10.12.2021 and notify the concerned respondent within four weeks; the receiving respondent was ordered to remove encumbrances in the entry certificate forthwith upon receipt. The court emphasized that the Department remains free to seek recovery only if it succeeds in any subsequent appeal.
The HC directed that, since the appellate fact-finding by the ITAT attained finality and the petitioner paid the assessed arrears in accordance with the tribunal's order, no further recovery proceedings could be lawfully pursued and the existing attachment must be lifted. Relying on the mandate of s.225(2) of the IT Act, the court ordered the Tax Recovery Officer (TRO) to vacate the attachment dated 10.12.2021 and notify the concerned respondent within four weeks; the receiving respondent was ordered to remove encumbrances in the entry certificate forthwith upon receipt. The court emphasized that the Department remains free to seek recovery only if it succeeds in any subsequent appeal.
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