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    <title>2008 (6) TMI 261 - ITAT LUCKNOW-A</title>
    <link>https://www.taxtmi.com/caselaws?id=68786</link>
    <description>Assessment annulment was rejected where the assessing officer had valid jurisdiction from a filed return; annulment by appellate authority was set aside and assessment treated as modifiable. The tribunal found no evidence that alleged inflated expenditures benefited prohibited persons, so disallowance under the prohibition provisions could not be sustained and related secondary prohibition provision did not apply because no salary/allowance claims to prohibited persons were proved. Valuation differences from a DVO and claimed unexplained investment in construction were held to fall within application of funds for charitable educational purposes unless the tax authority proves the trust property cannot yield the alleged excess income. Exemption for educational activity under the relevant tax exemption provision was confirmed and the matter remanded for recomputation of income and exemption.</description>
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    <pubDate>Fri, 27 Jun 2008 00:00:00 +0530</pubDate>
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      <title>2008 (6) TMI 261 - ITAT LUCKNOW-A</title>
      <link>https://www.taxtmi.com/caselaws?id=68786</link>
      <description>Assessment annulment was rejected where the assessing officer had valid jurisdiction from a filed return; annulment by appellate authority was set aside and assessment treated as modifiable. The tribunal found no evidence that alleged inflated expenditures benefited prohibited persons, so disallowance under the prohibition provisions could not be sustained and related secondary prohibition provision did not apply because no salary/allowance claims to prohibited persons were proved. Valuation differences from a DVO and claimed unexplained investment in construction were held to fall within application of funds for charitable educational purposes unless the tax authority proves the trust property cannot yield the alleged excess income. Exemption for educational activity under the relevant tax exemption provision was confirmed and the matter remanded for recomputation of income and exemption.</description>
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      <pubDate>Fri, 27 Jun 2008 00:00:00 +0530</pubDate>
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