Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Cancellation of a trust's registration cannot rest on generation of surplus alone; Section 12AA(3) requires the decision-maker to be satisfied and record that the trust's activities are not genuine or are being carried out outside its objects, and absent such findings cancellation fails. Surplus arising in the course of education does not, by itself, negate charitable character. Sections dealing with exemption conditions and registration/cancellation serve different purposes, so interpretive conclusions under exemption provisions cannot be imported wholesale into the registration framework, though the principle that educational surplus is not decisive may inform that analysis.
Cancellation of a trust's registration cannot rest on generation of surplus alone; Section 12AA(3) requires the decision-maker to be satisfied and record that the trust's activities are not genuine or are being carried out outside its objects, and absent such findings cancellation fails. Surplus arising in the course of education does not, by itself, negate charitable character. Sections dealing with exemption conditions and registration/cancellation serve different purposes, so interpretive conclusions under exemption provisions cannot be imported wholesale into the registration framework, though the principle that educational surplus is not decisive may inform that analysis.
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