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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
When a registered charitable trust disclosed receipts under "income from other sources," denial of exemption was unwarranted because assessing authorities must apply a judicious approach and grant exemptions or deductions to which the assessee is entitled; appellate authorities are empowered and obligated to correct AO errors and may entertain reliefs not claimed in the return, with supporting precedents and administrative guidance cited. The failure of the AO, CIT(A) and Tribunal to consider merits resulted in reversal of the adverse outcome and payment of costs against the revenue, restoring the trust's entitlement to the claimed exemption.
When a registered charitable trust disclosed receipts under "income from other sources," denial of exemption was unwarranted because assessing authorities must apply a judicious approach and grant exemptions or deductions to which the assessee is entitled; appellate authorities are empowered and obligated to correct AO errors and may entertain reliefs not claimed in the return, with supporting precedents and administrative guidance cited. The failure of the AO, CIT(A) and Tribunal to consider merits resulted in reversal of the adverse outcome and payment of costs against the revenue, restoring the trust's entitlement to the claimed exemption.
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