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...
An assessee governed by section 10(23C)(iv) could not be denied exemption for non-filing of Form 10B because the applicable audit report was Form 10BB. The Tribunal noted that exemption had been consistently claimed and allowed in preceding and succeeding years on the same basis, making the denial premised on Form 10B erroneous. On that footing, no valid basis existed to refuse exemption, so the lower authorities' orders were set aside and the AO was directed to allow the claim.
An assessee governed by section 10(23C)(iv) could not be denied exemption for non-filing of Form 10B because the applicable audit report was Form 10BB. The Tribunal noted that exemption had been consistently claimed and allowed in preceding and succeeding years on the same basis, making the denial premised on Form 10B erroneous. On that footing, no valid basis existed to refuse exemption, so the lower authorities' orders were set aside and the AO was directed to allow the claim.
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