Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
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Primary issue: whether investments made by the charitable trust in a partnership where a trustee had substantial interest breached the prescribed investment modes in section 11(5) and attracted s.13 disqualification. Reasoning: the investment was not in the modes specified by s.11(5) and the recipient was a related party within s.13, thereby invoking s.13(2)(h) which excludes s.11 exemption; the AO erroneously applied law by allowing the deduction despite audit certification and material on record. Outcome: exemption under s.11 disallowed and income taxable at maximum marginal rate; s.263 revision was rightly invoked. - ITAT
Primary issue: whether investments made by the charitable trust in a partnership where a trustee had substantial interest breached the prescribed investment modes in section 11(5) and attracted s.13 disqualification. Reasoning: the investment was not in the modes specified by s.11(5) and the recipient was a related party within s.13, thereby invoking s.13(2)(h) which excludes s.11 exemption; the AO erroneously applied law by allowing the deduction despite audit certification and material on record. Outcome: exemption under s.11 disallowed and income taxable at maximum marginal rate; s.263 revision was rightly invoked. - ITAT
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