Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
ITAT allowed the assessee-trust's appeal, holding that an additional legal claim for exemption u/s 10(23C)(iiiad) can validly be raised for the first time in appellate proceedings, and that CIT(A) had misapplied the ratio of Goetze (India) Ltd. ITAT ruled that registration of the trust is not a precondition for exemption where receipts from educational activities do not exceed Rs. 1 crore, in line with s.10(23C)(iiiad). Consequently, the order of CIT(A) was set aside and AO was directed to delete the addition. In view of allowing the main exemption claim, ITAT found it unnecessary to adjudicate the alternative plea regarding taxation of net income instead of gross receipts.
ITAT allowed the assessee-trust's appeal, holding that an additional legal claim for exemption u/s 10(23C)(iiiad) can validly be raised for the first time in appellate proceedings, and that CIT(A) had misapplied the ratio of Goetze (India) Ltd. ITAT ruled that registration of the trust is not a precondition for exemption where receipts from educational activities do not exceed Rs. 1 crore, in line with s.10(23C)(iiiad). Consequently, the order of CIT(A) was set aside and AO was directed to delete the addition. In view of allowing the main exemption claim, ITAT found it unnecessary to adjudicate the alternative plea regarding taxation of net income instead of gross receipts.
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