Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Held that withheld Fringe Benefit Tax refunds could not be denied due to internal ITBA system failures; the Department's technical incapacity does not extinguish the taxpayer's statutory entitlement to credit of advance tax or to refund. The court ruled that administrative inability to process online rectification or upload manual FBT rectification orders cannot justify indefinite withholding of relief and directed respondents to grant the refund with statutory interest under the Act until payment. The decision emphasises administrative responsibility to effectuate legally due tax relief by manual or alternative means where system functionality fails.
Held that withheld Fringe Benefit Tax refunds could not be denied due to internal ITBA system failures; the Department's technical incapacity does not extinguish the taxpayer's statutory entitlement to credit of advance tax or to refund. The court ruled that administrative inability to process online rectification or upload manual FBT rectification orders cannot justify indefinite withholding of relief and directed respondents to grant the refund with statutory interest under the Act until payment. The decision emphasises administrative responsibility to effectuate legally due tax relief by manual or alternative means where system functionality fails.
Note: It is a system-generated summary and is for quick reference only.