Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Where an assessee permits its bank account and charitable status to be used for routing funds and claims exemption under sections 11 and 12 on that basis, it cannot avoid taxability by describing itself as a mere conduit. The Tribunal found that the assessee was a party to the arrangement by which donations were routed through its account and shown as application for educational purposes, while the funds were effectively taken back by the beneficiary group. The reliance on an earlier pass-through case was held distinguishable. The addition was upheld in the assessee's hands, the plea that only the ultimate beneficiary could be taxed was rejected, and the appeal was dismissed.
Where an assessee permits its bank account and charitable status to be used for routing funds and claims exemption under sections 11 and 12 on that basis, it cannot avoid taxability by describing itself as a mere conduit. The Tribunal found that the assessee was a party to the arrangement by which donations were routed through its account and shown as application for educational purposes, while the funds were effectively taken back by the beneficiary group. The reliance on an earlier pass-through case was held distinguishable. The addition was upheld in the assessee's hands, the plea that only the ultimate beneficiary could be taxed was rejected, and the appeal was dismissed.
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