Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
At the stage of registration under section 12AB, the enquiry is confined to whether the trust's objects are charitable, its activities are genuine, and any applicable law material to those objects has been complied with. Alleged benefits to members, related-party dealings, loans, or rent variations falling within section 13 are matters for assessment while considering exemption under sections 11 and 12, and do not by themselves justify refusal of registration. Section 12AB(4) applies only after registration and on specified violations. As there was no finding of non-charitable objects, ingenuine activities, false information, or final legal violation, the refusal was set aside and registration was directed to be granted.
At the stage of registration under section 12AB, the enquiry is confined to whether the trust's objects are charitable, its activities are genuine, and any applicable law material to those objects has been complied with. Alleged benefits to members, related-party dealings, loans, or rent variations falling within section 13 are matters for assessment while considering exemption under sections 11 and 12, and do not by themselves justify refusal of registration. Section 12AB(4) applies only after registration and on specified violations. As there was no finding of non-charitable objects, ingenuine activities, false information, or final legal violation, the refusal was set aside and registration was directed to be granted.
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