Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
A mistaken claim in the return does not by itself defeat exemption where the assessee's substantive status as a local authority is established. The Tribunal noted that the Revenue had accepted the assessee's entitlement in earlier and later assessments, there was no change in its activities, and the receipts were from municipal functions supported by audited accounts and budget documents. On that basis, the inadvertent claim of deduction under section 57 instead of exemption under section 10(20) was treated as an error in form, not substance. The exemption was held allowable and the addition made by denying it was deleted.
A mistaken claim in the return does not by itself defeat exemption where the assessee's substantive status as a local authority is established. The Tribunal noted that the Revenue had accepted the assessee's entitlement in earlier and later assessments, there was no change in its activities, and the receipts were from municipal functions supported by audited accounts and budget documents. On that basis, the inadvertent claim of deduction under section 57 instead of exemption under section 10(20) was treated as an error in form, not substance. The exemption was held allowable and the addition made by denying it was deleted.
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