Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
HC allowed the appeal challenging ITAT's rejection of Section 12AA registration benefits. ITAT erroneously held that assessment proceedings pending in appeal before ITAT did not constitute "assessment proceeding" under first proviso to Section 12A(2). HC ruled that appellate proceedings before ITAT are continuation of original AO proceedings and deemed assessment proceedings within Section 12A(2) meaning. Court held first proviso to Section 12A(2) is retrospective, citing CBDT Circular 01/2015 and legislative intent to prevent hardship to charitable organizations. Registration granted on 14-7-2023 operates retrospectively for AY 2016-17 despite registration effective from 1-4-2019. Society entitled to exemption under Sections 11 and 12. AO directed to pass consequential order expeditiously.
HC allowed the appeal challenging ITAT's rejection of Section 12AA registration benefits. ITAT erroneously held that assessment proceedings pending in appeal before ITAT did not constitute "assessment proceeding" under first proviso to Section 12A(2). HC ruled that appellate proceedings before ITAT are continuation of original AO proceedings and deemed assessment proceedings within Section 12A(2) meaning. Court held first proviso to Section 12A(2) is retrospective, citing CBDT Circular 01/2015 and legislative intent to prevent hardship to charitable organizations. Registration granted on 14-7-2023 operates retrospectively for AY 2016-17 despite registration effective from 1-4-2019. Society entitled to exemption under Sections 11 and 12. AO directed to pass consequential order expeditiously.
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