Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
A High Court considered adjustment of refunds against disputed tax demand during pending appeals. It declined to interfere with an earlier refund adjustment because the challenge was brought after more than three years without explanation, treating delay as fatal to that claim. It held that Section 245 requires prior intimation before any refund adjustment so the assessee has a real opportunity to object; adjusting the refund the next day, despite a 21-day response window, violated the statute and natural justice. It also held that filing an appeal does not create an automatic stay, but recovery through refund adjustment should normally respect administrative guidance limiting recovery beyond 20% without special justification. The Court ordered refund of the excess over 20% without interest, subject to the pending appeal.
A High Court considered adjustment of refunds against disputed tax demand during pending appeals. It declined to interfere with an earlier refund adjustment because the challenge was brought after more than three years without explanation, treating delay as fatal to that claim. It held that Section 245 requires prior intimation before any refund adjustment so the assessee has a real opportunity to object; adjusting the refund the next day, despite a 21-day response window, violated the statute and natural justice. It also held that filing an appeal does not create an automatic stay, but recovery through refund adjustment should normally respect administrative guidance limiting recovery beyond 20% without special justification. The Court ordered refund of the excess over 20% without interest, subject to the pending appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
