Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
The article explains that the procedural code and 'specified violation' concept in Section 12AB(4) were introduced by the Finance Act, 2022 effective 01.04.2022 and therefore cannot be applied retrospectively; the Principal Commissioner lacked jurisdiction to cancel registration under the amended provision for years before its commencement. Show cause notices and cancellation actions grounded on the post 2022 provision as applied to earlier years are non est and arbitrary, leading to quashing of retrospective cancellation and restoration of the entity's registration.
The article explains that the procedural code and 'specified violation' concept in Section 12AB(4) were introduced by the Finance Act, 2022 effective 01.04.2022 and therefore cannot be applied retrospectively; the Principal Commissioner lacked jurisdiction to cancel registration under the amended provision for years before its commencement. Show cause notices and cancellation actions grounded on the post 2022 provision as applied to earlier years are non est and arbitrary, leading to quashing of retrospective cancellation and restoration of the entity's registration.
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