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...
Denial of exemption under sections 11 and 12 was sustained where the trust's receipts arose from government work contracts and not from donations or charitable activity; TDS under contract payments supported this commercial character. The article applies the charitable-purpose versus commercial-contract test and the incidental-business doctrine, finding contract income primary, not incidental, and absence of separate books fatal to exemption under the charitable activity definition. Use of trust funds for trustee benefit or payments on running account to specified persons attracts the prohibition on directing income to specified persons and loss of exemption with taxation at the maximum marginal rate.
Denial of exemption under sections 11 and 12 was sustained where the trust's receipts arose from government work contracts and not from donations or charitable activity; TDS under contract payments supported this commercial character. The article applies the charitable-purpose versus commercial-contract test and the incidental-business doctrine, finding contract income primary, not incidental, and absence of separate books fatal to exemption under the charitable activity definition. Use of trust funds for trustee benefit or payments on running account to specified persons attracts the prohibition on directing income to specified persons and loss of exemption with taxation at the maximum marginal rate.
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