Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
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