Writ relief against show cause notices is available where jurisdiction is absent and concluded advance rulings cannot be reopened without fresh fraud ...
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A one-time fund-raising programme through coupon sales and a lucky draw was not treated as business activity where the surplus was applied to the trust's charitable objects; applying the dominant object test, the HC held that no specified violation under section 12AB(4) arose and registration could not be refused on that basis. The Court also accepted that disqualifications under section 13 are to be examined in assessment proceedings, not at the registration stage, so section 13 could not be invoked to deny registration under section 12AB. Finding no substantial question of law, the appeal was dismissed.
A one-time fund-raising programme through coupon sales and a lucky draw was not treated as business activity where the surplus was applied to the trust's charitable objects; applying the dominant object test, the HC held that no specified violation under section 12AB(4) arose and registration could not be refused on that basis. The Court also accepted that disqualifications under section 13 are to be examined in assessment proceedings, not at the registration stage, so section 13 could not be invoked to deny registration under section 12AB. Finding no substantial question of law, the appeal was dismissed.
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