Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
The Tribunal held that the assessee's objects fell within protection of environment under section 2(15), not the residuary head of advancement of any other object of general public utility. Accordingly, the proviso to section 2(15) and the 20% commercial-receipt threshold were inapplicable, making denial of registration on that basis legally unsustainable. It further held that deduction of tax at source on receipts did not, by itself, defeat the exemption claim, that filing return in ITR-6 was explainable because the assessee was not registered at that time, and that filing under a wrong limb was only a bona fide technical error requiring verification. Registration under section 12A was accepted subject to verification of the technical objection.
The Tribunal held that the assessee's objects fell within protection of environment under section 2(15), not the residuary head of advancement of any other object of general public utility. Accordingly, the proviso to section 2(15) and the 20% commercial-receipt threshold were inapplicable, making denial of registration on that basis legally unsustainable. It further held that deduction of tax at source on receipts did not, by itself, defeat the exemption claim, that filing return in ITR-6 was explainable because the assessee was not registered at that time, and that filing under a wrong limb was only a bona fide technical error requiring verification. Registration under section 12A was accepted subject to verification of the technical objection.
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