Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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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