ITAT held that registration under Section 12AB cannot be rejected merely because the Assessing Officer or Range Head did not recommend approval. The CIT(E) must independently examine the trust’s objects, activities, and legal compliance before arriving at a decision.
The Tribunal criticized the Assessing Officer for taking a contrary stand in later years after allowing the same deduction on identical facts in an earlier assessment. It held that such inconsistent treatment without distinguishing facts was unsustainable.
The Supreme Court ruled that vicarious liability under the NI Act cannot arise solely from holding an office in a society or company. The key test is whether there is specific material showing involvement in the conduct of the entity’s affairs and the transaction in question.
The key issue was whether cash falls within the definition of property under the PBPT Act. The Tribunal ruled that cash is a tangible movable asset and may be confiscated as benami property when ownership and source remain unverified.
The case examined whether Indian assets could remain seized after foreign asset value was repatriated. The Tribunal ruled that once the objective of Section 37A is fulfilled, continued attachment loses its basis.
The appellant claimed the disputed funds were received unknowingly and had attempted to return them. The Tribunal granted relief by ordering release of the attached account after deposit of the entire disputed sum.
The Tribunal held that bank accounts cannot remain frozen merely because the account holder is related to a suspect or under investigation. The ED must first establish a prima facie connection between the property and proceeds of crime.
The Tribunal held that retention of seized assets can continue under Section 8(3) when a PMLA prosecution complaint is already pending. The key takeaway is that ED need not file a fresh or supplementary complaint for every newly seized asset.
The ITAT held that registration under Sections 12AA/12AB cannot be cancelled when the trust continues to genuinely carry out its educational objects. Alleged fund diversion and related-party transactions must be examined during assessment and taxation proceedings instead.
The Tribunal observed that taxpayers opting for presumptive taxation are not required to maintain books of account and therefore Section 68 could not be applied merely on the basis of bank statements.
