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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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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.
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