Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
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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