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...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
An adjustment under section 143(1)(a) disallowing employees' provident fund contribution was impermissible because, on the date of intimation, the issue was debatable and governed by binding jurisdictional High Court precedent favouring the assessee. The Tribunal held that CPC must test the legality of a prima facie adjustment with reference to the law prevailing at that time, and a later Supreme Court ruling could not justify the adjustment retrospectively. Reliance on a non-jurisdictional High Court decision did not override the prevailing jurisdictional position. The disallowance was deleted and the assessee's claim was allowed.
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