S. 11 : Property held for charitable purposes-Charging substantial fees from students-Exemption cannot be denied-Order of Tribunal is affirmed.[S. 2(15), 13, 260A]
S. 11 : Property held for charitable purposes-Charging substantial fees from students-Exemption cannot be denied-Order of Tribunal is affirmed.[S. 2(15), 13, 260A]
S. 10(23C) : Educational institution-Cancellation of registration-Surplus generated by was to be ploughed back for fulfilment and attainment of educational activities-Denial of approval is not justified.[S. 10(23C(vi), 12AA(2), Art. 226]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Supply of equipment-DTAA-India-Singapore-Issue settled under VSV Scheme-Appeals have became infructuous-Appeal is dismissed. [S. 92, Art. 5, Art. 136]
S. 132B : Application of seized or requisitioned assets -Search and seizure —Return of seized cash — Inordinate delay in returning seized cash — Entitled to interest on amount returned .[ S. 132, Art. 226 ]
S. 144C : Reference to dispute resolution panel -Jurisdiction-Dispute Resolution Panel can give directions only in pending assessments – Interpretation of taxing statutes — Strict interpretation. [ S.92CA ,246A, Art. 226 ]
S. 144C : Reference to dispute resolution panel -Eligible assessee — Draft assessment order — Mandatory — Even when assessment order is issued in conformity with directions from higher authority — Failure to pass draft assessment order —Final order unlawful — Demand notice and penalty proceedings invalid [ S. 143(3) 156 , 263 , 270A , Art. 226 ]
S. 264 :Commissioner – Revision of other orders – Commissioner cannot consider application where appeal lies or is pending — Prohibition does not apply where writ petition had been filed. [ S. 143(3), 147, 264(4 )(a), Art. 226 ]
S. 244A : Refunds – Interest on refunds – Delay in paying refund — Interest on interest – Department directed to refund the entire amount, which was due and payable, including interest payable . [ Art. 226 ]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Loss on account of shortage of coal —Loss passed on to transporter —Tribunal last forum to find on facts, purported to find fact on surmise — Error apparent — Order quashed. [ Art. 226 ]
S. 127 : Power to transfer cases – Order transferring case from Delhi to Mumbai was passed but said order did not bear a Document Identification No (DIN) , which is a requirement of CBDT Circular No. 19/2019, dated 14-8-2019- Order is set aside . [ S. 127(2) 132, 133A ,Art. 226 ]