Search Results for "Refund adjustment"

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Search Results for "Refund adjustment"

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High Court

Bombay High Court Directs Refund of Excess Recovery in Income Tax Stay Matter — Petitioner Voluntarily Paid 20% Demand, Revenue Adjusted Refund Beyond Permitted Limit. Adjustment of Refund Against Stayed Demand Violates Instruction No.1914 and Stay Order Dated 17 April 2024.

24 Feb 2025

The petitioner, an individual, filed his return of income for assessment year 2015-2016 on 28 September 2015, declaring income of Rs.56,65,660/-. The ...

High Court

Bombay High Court Allows Appeals by Public Charitable Trust Against Municipal Corporation's Property Tax Assessment, Reduces Rateable Value and Orders Refund of Excess Tax. The court held that the transferor does not lose locus to prosecute the appeal and that the second proviso to Section 217(5) of the MMC Act does not bar refund of excess tax.

12 Nov 2024

The appellant, Nagari Niwara Parishad, a public charitable trust registered under the Bombay Public Trusts Act, 1950, constructed 6213 tenements on 62...

Supreme Court

Supreme Court Dismisses Appeal in Duty Drawback Interest Case, Upholding High Court's Award of Interest for Delayed Refund. Clarificatory Circulars Under Exim Policy Have Retrospective Effect, Making Contractor Eligible for Duty Drawback and Interest Under Sections 27A and 75A of Customs Act, 1962.

5 Feb 2024

The dispute arose from the respondent's claim for duty drawback under the deemed export scheme for civil construction work in the Koyna Hydro Electric...

High Court

Bombay High Court Allows Writ Petition Against Adjustment of Refund Without Proper Notice Under Section 245 of Income Tax Act, 1961. Adjustment of refund against alleged outstanding demand quashed for lack of prior intimation and violation of natural justice.

9 Aug 2021

The petitioner, Jet Privilege Private Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certior...

Supreme Court

Supreme Court Allows Appeal in Contract Refund Dispute — Interest on Principal Not Payable from Date of Deposit When Contract Not Void or Breached. Gujarat Maritime Board Not Liable to Pay Interest for Period Before Abandonment of Contract Under Indian Contract Act, 1872.

24 Nov 2020

The Supreme Court allowed the appeal filed by the Chief Executive Officer and Vice Chairman, Gujarat Maritime Board, against the judgment of the Gujar...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration.

15 Mar 2019

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distributio...

High Court

High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — Cenvat Credit on Capital Goods Allowed Even if Used for Exempted Goods Prior to Common Use. The court held that the restriction under Rule 3(4) of Cenvat Credit Rules, 2004 does not apply when capital goods are used for both exempted and dutiable goods, and the assessee is entitled to credit if the goods are used in the manufacture of final products.

20 Jun 2018

The case involves appeals filed by the Commissioner of Central Excise, Bengaluru, under Section 35G of the Central Excise Act, 1944, against orders of...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

28 Oct 2005

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

High Court

Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

24 Jun 2005

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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