Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
Rejection of the application for final approval u/s. 80G on technical grounds - Period of limitation - The Tribunal examined various precedents and CBDT circulars to determine the applicability of the extended timeline to the appellant's case. It noted that the circulars extended the due date for filing Form No. 10AB for registration under Section 12A of the Act to September 30, 2023. The Tribunal reasoned that since the appellant filed its application within the extended timeline, the rejection by the Commissioner was unwarranted. - Additionally, the Tribunal referred to decisions by other benches and observed that the timeline prescribed under clause (iii) of the first proviso to Section 80G(5) should be treated as directory, not mandatory. It emphasized that procedural provisions should serve the cause of justice and not hinder it.
Rejection of the application for final approval u/s. 80G on technical grounds - Period of limitation - The Tribunal examined various precedents and CBDT circulars to determine the applicability of the extended timeline to the appellant's case. It noted that the circulars extended the due date for filing Form No. 10AB for registration under Section 12A of the Act to September 30, 2023. The Tribunal reasoned that since the appellant filed its application within the extended timeline, the rejection by the Commissioner was unwarranted. - Additionally, the Tribunal referred to decisions by other benches and observed that the timeline prescribed under clause (iii) of the first proviso to Section 80G(5) should be treated as directory, not mandatory. It emphasized that procedural provisions should serve the cause of justice and not hinder it.
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