Facts About HBR Case Study Analysis Revealed

At the time of thinking about the case underneath Area 119(2)(b), it shall be ensured which the cash flow/decline declared and/or refund claimed is correct and genuine and also which the case is of authentic hardship on merits.

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While only the assessee is entitled to claim refund, on the other hand, in the next cases the refund is often claimed by an individual besides the assessee: the place the profits of one particular person is integrated underneath any provision of the Money-tax Act in the entire profits of some other man or woman, the latter by yourself shall be entitled to the refund in respect of these kinds of cash flow;

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238. (1) Where the revenue of 1 individual is involved under any provision of this Act in the entire profits of some other person, the latter alone shall be entitled into a refund under this Chapter in regard of this kind of cash flow.

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(iii) It appears just which the powers of set off are exercised in exceptional cases exactly where tax is ‘remaining payable’ pursuant into the assessment attaining finality and that has not been paid and simultaneously refund for one more evaluation calendar year is pending. (iv) It's not appropriate to established off tax dues even when the requires haven't been stayed against refund because of the assessee for The easy purpose which the tax because of be deposited with the Profits on account of partial continue to be/no remain has not attained finality and there's no actual requirement to established off this quantity that is to generally be deposited with the Revenue.

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10 “Anticipatory Bail is undoubtedly an Outstanding ability, not to be used being a matter needless to say”: HC denies reduction in residence dispute assault case

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Consequently, the moment a scrutiny notice has long get redirected here been issued below Section 143(two), and acceptance has become obtained as demanded beneath Segment 241A, then it would be open for your Division to withhold the refunds In the event the exercising of ability is facially in consonance with the target and prerequisite with the said section and other statutory prerequisites.