Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
HC examined whether confiscation of funds in NRE/SB accounts used in contravention of FERA, 1973, is mandatory or discretionary under Section 63. HC held that, as Section 63 uses the term "may" and requires the authority to have "reason to believe" that the amounts are related to the proved breach, confiscation is discretionary and cannot be automatic or imposed as a matter of course. In the present case, the confiscation order was passed without independent application of mind. AT had rightly considered the nature of violations and set aside the routine confiscation. HC found no perversity in AT's approach and concluded that no substantial question of law arose. The appeal was dismissed.
HC examined whether confiscation of funds in NRE/SB accounts used in contravention of FERA, 1973, is mandatory or discretionary under Section 63. HC held that, as Section 63 uses the term "may" and requires the authority to have "reason to believe" that the amounts are related to the proved breach, confiscation is discretionary and cannot be automatic or imposed as a matter of course. In the present case, the confiscation order was passed without independent application of mind. AT had rightly considered the nature of violations and set aside the routine confiscation. HC found no perversity in AT's approach and concluded that no substantial question of law arose. The appeal was dismissed.
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