Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
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.