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...
The Appellate Tribunal addressed the issue of rejection of approval u/s 80G due to late filing of Form 10AB. The Tribunal held that the CIT(E) should have considered the application on merits rather than declaring it non-maintainable solely based on the commencement date of activities. The assessee obtained provisional approval and filed Form 10AB within the specified time frame, meeting the requirements of Section 80G(5)(iii). The Tribunal emphasized that the commencement date of activities before incorporation was irrelevant in this case. The phrase "whichever is earlier" was deemed inapplicable given the unique circumstances of the case. The decision lacked a thorough examination of the merits of the application, highlighting a legal flaw in the approach taken.
The Appellate Tribunal addressed the issue of rejection of approval u/s 80G due to late filing of Form 10AB. The Tribunal held that the CIT(E) should have considered the application on merits rather than declaring it non-maintainable solely based on the commencement date of activities. The assessee obtained provisional approval and filed Form 10AB within the specified time frame, meeting the requirements of Section 80G(5)(iii). The Tribunal emphasized that the commencement date of activities before incorporation was irrelevant in this case. The phrase "whichever is earlier" was deemed inapplicable given the unique circumstances of the case. The decision lacked a thorough examination of the merits of the application, highlighting a legal flaw in the approach taken.
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