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 services rendered were taxable: Tribunal held that training for competitive exams, given by an organization operating for bona fide charitable purposes and registered under s.12AA, did not constitute "commercial coaching" because receipts were applied to charitable upliftment and revenue did not dispute charitable activities - training not taxable. Renting of immovable property was not held to be a taxable service where absence of fixed tariff, use of premises for community programmes, and application of receipts to charitable objects negated a commercial renting service - renting not taxable. Miscellaneous receipts lacked cogent evidentiary basis to levy duty and were shown to fund charity - not taxable. Invocation of extended limitation was unsustainable in absence of malafide or suppression. Impugned order quashed and appeal allowed. - CESTAT
Whether services rendered were taxable: Tribunal held that training for competitive exams, given by an organization operating for bona fide charitable purposes and registered under s.12AA, did not constitute "commercial coaching" because receipts were applied to charitable upliftment and revenue did not dispute charitable activities - training not taxable. Renting of immovable property was not held to be a taxable service where absence of fixed tariff, use of premises for community programmes, and application of receipts to charitable objects negated a commercial renting service - renting not taxable. Miscellaneous receipts lacked cogent evidentiary basis to levy duty and were shown to fund charity - not taxable. Invocation of extended limitation was unsustainable in absence of malafide or suppression. Impugned order quashed and appeal allowed. - CESTAT
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