Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Exemption u/s 11 - rejection of assessee’s application for registration u/s 12A - The Appellate Tribunal found that the rejection of the application was unjustified as it was based on suspicion without credible material. It emphasized that at the registration stage, the focus should be on determining whether the objectives of the institution are charitable, rather than questioning the expenditure incurred. It was observed that while the Commissioner did not doubt the charitable nature of the institution's objectives, the rejection was primarily based on concerns about promoting pharmaceutical businesses. However, the Tribunal asserted that educating and raising awareness about diseases like endocrine disorders is inherently charitable.
Exemption u/s 11 - rejection of assessee’s application for registration u/s 12A - The Appellate Tribunal found that the rejection of the application was unjustified as it was based on suspicion without credible material. It emphasized that at the registration stage, the focus should be on determining whether the objectives of the institution are charitable, rather than questioning the expenditure incurred. It was observed that while the Commissioner did not doubt the charitable nature of the institution's objectives, the rejection was primarily based on concerns about promoting pharmaceutical businesses. However, the Tribunal asserted that educating and raising awareness about diseases like endocrine disorders is inherently charitable.
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