Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
Customs Cargo Service Provider appointment extends custodianship to additional terminal land, subject to cargo-control, security and licence condition...
An existing trust had previously been granted approval u/ss 12AA and 80G of the Income Tax Act. However, instead of applying under clause (i) of the proviso to Section 80G, which is applicable for existing trusts, it incorrectly applied under clause (iii) as a new trust. Clause (i) does not require any provisional approval, and the Principal Commissioner or Commissioner would have granted approval for five years upon written application. The controversy arose due to the incorrect mention of clause (iv) instead of clause (i) in Form No. 10AC, which the assessee admitted was an error. Since Form No. 10AC was filed on time, the incorrect clause mention is considered a curable defect. The order of the Commissioner of Income Tax (Exemption) is set aside, and they are required to consider the application as filed under clause (i) of the first proviso to Section 80G(5) and grant approval accordingly. The assessee's appeal is allowed for statistical purposes.
An existing trust had previously been granted approval u/ss 12AA and 80G of the Income Tax Act. However, instead of applying under clause (i) of the proviso to Section 80G, which is applicable for existing trusts, it incorrectly applied under clause (iii) as a new trust. Clause (i) does not require any provisional approval, and the Principal Commissioner or Commissioner would have granted approval for five years upon written application. The controversy arose due to the incorrect mention of clause (iv) instead of clause (i) in Form No. 10AC, which the assessee admitted was an error. Since Form No. 10AC was filed on time, the incorrect clause mention is considered a curable defect. The order of the Commissioner of Income Tax (Exemption) is set aside, and they are required to consider the application as filed under clause (i) of the first proviso to Section 80G(5) and grant approval accordingly. The assessee's appeal is allowed for statistical purposes.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
