Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Whether exemption could be allowed where the taxpayer mistakenly claimed deduction under an inapplicable provision and the CPC denied it in intimation u/s 143(1) was the dominant issue. Since the taxpayer already held approval u/s 10(23C)(iv) for the relevant period, the wrong claim u/s 10(46) was treated as an inadvertent error not defeating a legitimate statutory exemption; reliance was placed on precedent that bona fide omission/mistake in claiming exemption should not bar revision/correction when entitlement exists in law. Accordingly, the appellate authority's grant of exemption u/s 10(23C)(iv) was upheld and the revenue's appeal was dismissed. - ITAT
Whether exemption could be allowed where the taxpayer mistakenly claimed deduction under an inapplicable provision and the CPC denied it in intimation u/s 143(1) was the dominant issue. Since the taxpayer already held approval u/s 10(23C)(iv) for the relevant period, the wrong claim u/s 10(46) was treated as an inadvertent error not defeating a legitimate statutory exemption; reliance was placed on precedent that bona fide omission/mistake in claiming exemption should not bar revision/correction when entitlement exists in law. Accordingly, the appellate authority's grant of exemption u/s 10(23C)(iv) was upheld and the revenue's appeal was dismissed. - ITAT
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