Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
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A court-directed deposit made pending appeal is governed by the terms of the interim order, not by the statutory refund provisions. Where the Supreme Court had directed refund, if the appeal succeeded, with applicable interest, the department was bound to honour that condition once the appeal was allowed. The deposited amount was not treated as duty, and the refund claim did not require resort to section 27. The Tribunal rejected the view that interest arose only after delay beyond three months under section 27A, and construed "applicable interest" to mean interest at the applicable rate. Interest was accordingly directed from the date of deposit until payment.
A court-directed deposit made pending appeal is governed by the terms of the interim order, not by the statutory refund provisions. Where the Supreme Court had directed refund, if the appeal succeeded, with applicable interest, the department was bound to honour that condition once the appeal was allowed. The deposited amount was not treated as duty, and the refund claim did not require resort to section 27. The Tribunal rejected the view that interest arose only after delay beyond three months under section 27A, and construed "applicable interest" to mean interest at the applicable rate. Interest was accordingly directed from the date of deposit until payment.
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