Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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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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