Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
A refund claim for an amount already adjusted against a disputed tax demand was not entertained while the related assessment appeal remained pending. The High Court noted that the assessee had itself treated the adjustment as payment or set-off against outstanding liability and had relied on that position to obtain a stay of demand. In those circumstances, it was not appropriate to seek refund in writ proceedings before the appellate dispute was decided. The prayer for refund was declined at that stage, with liberty to revive the claim after disposal of the appeal, and the pending appeal was directed to be decided expeditiously.
A refund claim for an amount already adjusted against a disputed tax demand was not entertained while the related assessment appeal remained pending. The High Court noted that the assessee had itself treated the adjustment as payment or set-off against outstanding liability and had relied on that position to obtain a stay of demand. In those circumstances, it was not appropriate to seek refund in writ proceedings before the appellate dispute was decided. The prayer for refund was declined at that stage, with liberty to revive the claim after disposal of the appeal, and the pending appeal was directed to be decided expeditiously.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4814 
Join Channel 
