Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
The ITAT remitted the question whether the proviso to Section 2(15) applied to the assessee's activities, holding that the CIT(E) had not properly applied the Supreme Court's ratio in ACIT v. Ahmedabad Urban Development Authority. It directed fresh adjudication on whether the assessee's consumer grievance, workshops, research, regulatory reporting and outreach activities fell within the exclusion for services in relation to trade, commerce or business for fee or other consideration, or remained advancement of general public utility. Because the cancellation of registration under Section 12AB and the consequential refusal of approval under Section 80G depended on that issue, both were also remanded for fresh decision.
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