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...
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Dispute concerned denial of charitable exemption on grounds that properties were purchased in trustees' names triggering alleged violation of the private-benefit prohibition; contemporaneous documentary evidence including a registered rectification deed, encumbrance certificates and mutations established that the trust held possession, enjoyed the property, ran the school, and received fees, and trustees derived no personal benefit. On these facts the private-benefit prohibition did not apply and the trust's use of the property for its charitable objects sustained the exemption, with prior acceptance of assets by the revenue also noted as relevant to the outcome.
Dispute concerned denial of charitable exemption on grounds that properties were purchased in trustees' names triggering alleged violation of the private-benefit prohibition; contemporaneous documentary evidence including a registered rectification deed, encumbrance certificates and mutations established that the trust held possession, enjoyed the property, ran the school, and received fees, and trustees derived no personal benefit. On these facts the private-benefit prohibition did not apply and the trust's use of the property for its charitable objects sustained the exemption, with prior acceptance of assets by the revenue also noted as relevant to the outcome.
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