Tuesday, 28 August 2012

Sandik Asia 280 ITR 643 (SC) is not correct and should be reconsidered

CIT vs. Gujarat Flouro Chemicals (Supreme Court)


The Supreme Court had to consider whether interest is payable by the Revenue to the assessee if the aggregate of instalments of Advance Tax/TDS paid exceeds the assessed tax? The assessee relied upon Sandvik Asia Limited vs. CIT 280 ITR 643 where it was held that the assessee was entitled to be compensated by the Revenue for delay in paying to it the amounts admittedly due. HELD by the Supreme Court:

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Supreme Court ruling holds non-compete fee is allowable as revenue expenditure

  The Hon’ble Supreme Court settled the long-standing controversy surrounding the tax treatment of non-compete fees and, based on the facts ...