Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
A donor claiming weighted deduction for payment to an approved scientific research institution was held entitled to relief where the only basis for disallowance was uncorroborated third-party material about alleged wrongdoing by a donee employee. The Tribunal found that payment was made through banking channels, the donation was duly receipted, and approval under section 35(1)(ii) was on record. It held that the donor was not required to prove actual end-use of the funds once payment to an approved institution was established, and that alleged internal irregularities at the donee could not defeat the claim absent proof of nexus, complicity, sham, or return of funds. The disallowance was deleted.
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