Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The ITAT rejected the Revenue's appeal concerning disallowance of exemption under s.10(23C)(vi). The Tribunal accepted the assessee's contention that the AO failed to comply with the mandatory procedural requirements of s.143(3) first proviso, which requires specific show-cause notice before rejecting an exemption claim. The ITAT determined it had jurisdiction to decide this fundamental question under Rule 27 of the Appellate Tribunal Rules, 1963, despite the Revenue's technical objection. Finding no evidence that the AO had fulfilled the statutory requirements of providing proper opportunity to the assessee, the Tribunal upheld the assessee's legal arguments and dismissed the Revenue's appeal.
The ITAT rejected the Revenue's appeal concerning disallowance of exemption under s.10(23C)(vi). The Tribunal accepted the assessee's contention that the AO failed to comply with the mandatory procedural requirements of s.143(3) first proviso, which requires specific show-cause notice before rejecting an exemption claim. The ITAT determined it had jurisdiction to decide this fundamental question under Rule 27 of the Appellate Tribunal Rules, 1963, despite the Revenue's technical objection. Finding no evidence that the AO had fulfilled the statutory requirements of providing proper opportunity to the assessee, the Tribunal upheld the assessee's legal arguments and dismissed the Revenue's appeal.
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