Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Belated filing of audit reports led the tribunal to remand claims for charitable exemption under sections 11 and 12 for reconsideration in light of the assessee's condonation application; the tribunal emphasised that denial of exemption does not permit taxing gross receipts without allowing expenditures incurred for charitable purposes. Where assessed as an association of persons on a commercial basis, income must be computed under the commercial method and expenditures allowable under the relevant provisions must be deducted against gross receipts. Separately, a penalty for receipt of sale consideration in cash was held unsustainable where the assessing officer did not record requisite satisfaction before initiating penalty proceedings and where cash consideration at registration did not attract the prohibition invoked.
Belated filing of audit reports led the tribunal to remand claims for charitable exemption under sections 11 and 12 for reconsideration in light of the assessee's condonation application; the tribunal emphasised that denial of exemption does not permit taxing gross receipts without allowing expenditures incurred for charitable purposes. Where assessed as an association of persons on a commercial basis, income must be computed under the commercial method and expenditures allowable under the relevant provisions must be deducted against gross receipts. Separately, a penalty for receipt of sale consideration in cash was held unsustainable where the assessing officer did not record requisite satisfaction before initiating penalty proceedings and where cash consideration at registration did not attract the prohibition invoked.
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