Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Petitioner's refund claim was remitted to the Principal Chief Commissioner of Income Tax West Bengal & Sikkim to nominate a competent officer (Commissioner rank or above) to conduct an enquiry and decide the refund claim in accordance with law; the officer must issue notice to the petitioner within one week and hear its case. The court directed that if the petitioner is entitled to a refund it must not be denied, while emphasising the petitioner's obligation to maintain supporting documents and the department's responsibility to consider available records. Affidavits were not ordered.
Petitioner's refund claim was remitted to the Principal Chief Commissioner of Income Tax West Bengal & Sikkim to nominate a competent officer (Commissioner rank or above) to conduct an enquiry and decide the refund claim in accordance with law; the officer must issue notice to the petitioner within one week and hear its case. The court directed that if the petitioner is entitled to a refund it must not be denied, while emphasising the petitioner's obligation to maintain supporting documents and the department's responsibility to consider available records. Affidavits were not ordered.
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