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...
ITAT reviewed cancellation of a charitable institution's registration under 10(23C)(vi) and found the cancellation relied on unverified adverse inferences from minor discrepancies rather than a proper enquiry; the tribunal held that issues like duplicate receipts, advance land payments, lease-versus-asset characterisation and small expenditures required detailed scrutiny or assessment (including examination under provisions governing inurement) rather than summary revocation. Applying the proviso and Explanation 2, the recorded reasons did not establish satisfaction of specified violations prior to cancellation; the cancellation order was set aside and registration restored.
ITAT reviewed cancellation of a charitable institution's registration under 10(23C)(vi) and found the cancellation relied on unverified adverse inferences from minor discrepancies rather than a proper enquiry; the tribunal held that issues like duplicate receipts, advance land payments, lease-versus-asset characterisation and small expenditures required detailed scrutiny or assessment (including examination under provisions governing inurement) rather than summary revocation. Applying the proviso and Explanation 2, the recorded reasons did not establish satisfaction of specified violations prior to cancellation; the cancellation order was set aside and registration restored.
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