Functional, asset and risk analysis excludes diversified technology companies from captive software development comparables under cost-plus arrangemen...
Mobile-phone electronic evidence failed to establish customs undervaluation, while duty survived on non-authentic origin certificates without importer...
Automotive radio classification treats integrated infotainment features as supplementary, placing complete and qualifying unassembled units under the ...
Separate corporate personality prevents directors from being personally liable for company deposits without a guarantee or independent legal undertaki...
Cross-segment derivatives manipulation: integrated order patterns can support interim restraints, while director liability requires responsibility, co...
Refund adjustment against tax demands treated as non-collectible or non-enforceable under an unconditional stay is improper; the adjusted amount must be returned with statutory interest while the demands remain stayed pending appeal. Adjustment of a refund before disposal of a stay application constitutes coercive recovery and cannot proceed at that stage. For the disputed demand, retention was confined to 20% in light of applicable Board instructions, with the balance refund returned with statutory interest and the remaining demand stayed pending appeal.
Refund adjustment against tax demands treated as non-collectible or non-enforceable under an unconditional stay is improper; the adjusted amount must be returned with statutory interest while the demands remain stayed pending appeal. Adjustment of a refund before disposal of a stay application constitutes coercive recovery and cannot proceed at that stage. For the disputed demand, retention was confined to 20% in light of applicable Board instructions, with the balance refund returned with statutory interest and the remaining demand stayed pending appeal.
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