High Court Can Condon Delay in Return Filing Despite CBDT Circular Time Limits High Court Can Condon Delay in Return Filing Despite CBDT Circular Time Limits Issue Whether the High Court has the power to condone a delay in filing an income tax return under Section 119(2)(b) even after CBDT Circular No. 16/2024 prescribes a… Read More »
Distress Auction Sale of Mortgaged Property for Dues Triggers Capital Gains Tax on Owner Issue Whether capital gains tax liability under Section 45 of the Income-tax Act, 1961 arises on the owner when an equitably mortgaged immovable property is sold by a bank through a distress auction to recover third-party loan dues, even if the… Read More »
Absence of Express Irrevocability Clause Cannot Justify Rejection of Section 80G Approval Issue Whether the CIT(E) can reject an application for regular approval under Section 80G/12AB on the ground that the trust deed lacks an express irrevocability or dissolution clause, and whether selecting “Yes” to the irrevocability question in Form 10AB constitutes furnishing false or… Read More »
Condonation of Delay in Filing Form 10 Must Be Allowed for First-Time E-Filing Oversights Condonation of Delay in Filing Form 10 Must Be Allowed for First-Time E-Filing Oversights Issue Whether the CIT (Exemptions) erred in rejecting the assessee-trust’s application under Section 119(2)(b) for condonation of delay in filing Form 10, thereby denying exemption under Section… Read More »
A trust predominantly engaged in cow protection cannot be classified as a religious entity or denied Section 80G approval based on dormant temple clauses or Gita discourses. Issue Whether a trust with dominant objects of cow protection, animal welfare, and ethical value education can be categorized as a “Religious Entity” under Section 12AB due to… Read More »
Valid registration granted under Section 12A(1)(ac)(i) cannot be invalidated during renewal without proper cancellation procedures. Valid registration granted under Section 12A(1)(ac)(i) cannot be invalidated during renewal without proper cancellation procedures. Issue Whether the CIT(Exemptions) can reject a renewal application filed under Section 12A(1)(ac)(ii) on the ground that the original provisional/migrated registration under Section 12A(1)(ac)(i) was… Read More »
Providing transportation services on commercial lines to school students does not constitute charitable purpose under section 2(15). Issue Whether an institution providing student transport services on commercial lines against a fee, generating recurring surpluses, is entitled to regular registration under Section 12AB as a charitable entity under Section 2(15) of the Income-tax Act, 1961 /… Read More »
CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. CIT (Exemption) cannot make Section 12AB and 80G approvals subject to prospective Supreme Court challenges. Issue Whether the CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G pursuant to a binding High Court ruling, was justified… Read More »
CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. CIT (Exemption) cannot attach conditional caveats based on proposed Supreme Court appeals when granting trust registration. Issue Whether CIT (Exemption), while granting registration under Section 12AB and approval under Section 80G in compliance with a binding judgment of the… Read More »
CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. CIT(E) cannot attach caveats to High Court-mandated registration and approval based on prospective Supreme Court appeals. Issue Whether CIT (Exemption) is justified in attaching a caveat/condition to registration under section 12AB and approval under section 80G stating that benefits… Read More »