Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
ITAT allowed the appeal of the assessee-society and restored exemption under s.11. It held that the society is engaged in advancement of general public utility and its event-based receipts, being less than 20% of its gross receipts, fall within the tolerance limit under the proviso to s.2(15). Membership fees from associated, student and charter members were held not to be consideration for trade, commerce or business. The AO's conclusion that 48% of income was commercial and that a 22% surplus negated charitable character was rejected, relying on SC precedent. ITAT further found Form 10 had been duly filed, invalidating CIT(A)'s contrary ground.
ITAT allowed the appeal of the assessee-society and restored exemption under s.11. It held that the society is engaged in advancement of general public utility and its event-based receipts, being less than 20% of its gross receipts, fall within the tolerance limit under the proviso to s.2(15). Membership fees from associated, student and charter members were held not to be consideration for trade, commerce or business. The AO's conclusion that 48% of income was commercial and that a 22% surplus negated charitable character was rejected, relying on SC precedent. ITAT further found Form 10 had been duly filed, invalidating CIT(A)'s contrary ground.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
