Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
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Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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Charitable registration under section 12AB requires examination of whether an institution's objects are charitable, its activities are genuine, and its income is applied to those objects. For hospitals providing medical relief, premium facilities, substantial receipts, advanced infrastructure, organised administration, and higher treatment costs are not, by themselves, statutory indicators of commerciality. Alleged non-compliance with other laws is relevant only where established by the competent authority and material to achieving the charitable objects. The discussion also distinguishes renewal proceedings from retrospective cancellation, noting that cancellation from the original grant date requires a foundational defect such as fraud, suppression, misrepresentation, or abandonment of charitable purposes. Consequential section 80G approval is addressed as dependent on the validity of section 12AB registration.
Charitable registration under section 12AB requires examination of whether an institution's objects are charitable, its activities are genuine, and its income is applied to those objects. For hospitals providing medical relief, premium facilities, substantial receipts, advanced infrastructure, organised administration, and higher treatment costs are not, by themselves, statutory indicators of commerciality. Alleged non-compliance with other laws is relevant only where established by the competent authority and material to achieving the charitable objects. The discussion also distinguishes renewal proceedings from retrospective cancellation, noting that cancellation from the original grant date requires a foundational defect such as fraud, suppression, misrepresentation, or abandonment of charitable purposes. Consequential section 80G approval is addressed as dependent on the validity of section 12AB registration.
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