Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
The note addresses legal limits on cancelling a tax-exempt entity's registration under the post 2022 statutory scheme, holding that cancellation must target defects in the organisation's predominant activities rather than isolated financial transactions; breaches that divert benefit to specified persons give rise to assessment-stage consequences, not automatic cancellation; show cause notices must identify the exact statutory limb relied upon or proceedings are jurisdictionally vitiated; the cancellation regime is prospective and cannot be applied to pre enactment periods; and an assessing officer's transfer under assessment provisions does not confer independent registration cancellation power absent specific delegation.
The note addresses legal limits on cancelling a tax-exempt entity's registration under the post 2022 statutory scheme, holding that cancellation must target defects in the organisation's predominant activities rather than isolated financial transactions; breaches that divert benefit to specified persons give rise to assessment-stage consequences, not automatic cancellation; show cause notices must identify the exact statutory limb relied upon or proceedings are jurisdictionally vitiated; the cancellation regime is prospective and cannot be applied to pre enactment periods; and an assessing officer's transfer under assessment provisions does not confer independent registration cancellation power absent specific delegation.
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