Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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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