Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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Whether captive solar power generation qualifies as "charitable purpose" under section 2(15)/12AB/80G: tribunal applied the predominant-object test-charitable activity must confer benefit on the public or a sufficiently wide class and not chiefly serve private gain; incidental private benefit is permissible but exclusive benefit to a promoter/related entity negates public character. Finding that the plant's dominant object was to supply power to the corporate shareholder (a captive/commercial venture), not public benefit, registration/recognition under sections 12AB and 80G was rightly refused. - ITAT
Whether captive solar power generation qualifies as "charitable purpose" under section 2(15)/12AB/80G: tribunal applied the predominant-object test-charitable activity must confer benefit on the public or a sufficiently wide class and not chiefly serve private gain; incidental private benefit is permissible but exclusive benefit to a promoter/related entity negates public character. Finding that the plant's dominant object was to supply power to the corporate shareholder (a captive/commercial venture), not public benefit, registration/recognition under sections 12AB and 80G was rightly refused. - ITAT
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