Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
ITAT allowed the assessee's appeal and set aside the order of the CIT(E) rejecting registration under section 12A. The Tribunal held that the assessee's activities constitute "advancement of any other object of general public utility" within the meaning of section 2(15), with no profit motive, and therefore qualify as charitable purposes. It ruled that the CIT(E) erred in treating the assessee as non-charitable merely for watching business interests of its members. CIT(E) was directed to grant regular registration under section 12A(1)(ac)(vi) forthwith, as applied in Form 10AB.
ITAT allowed the assessee's appeal and set aside the order of the CIT(E) rejecting registration under section 12A. The Tribunal held that the assessee's activities constitute "advancement of any other object of general public utility" within the meaning of section 2(15), with no profit motive, and therefore qualify as charitable purposes. It ruled that the CIT(E) erred in treating the assessee as non-charitable merely for watching business interests of its members. CIT(E) was directed to grant regular registration under section 12A(1)(ac)(vi) forthwith, as applied in Form 10AB.
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