Denial of the 15% rate through summary processing was held invalid. Eligibility under section 115BAB requires examination and hearing, not mechanical CPC adjustments.
The case dealt with a TDS return processed in March 2015 where late fee was levied. The Tribunal held such levy to be without jurisdiction under the law then in force.
The issue was whether cash and cheque payments could be taxed as unexplained investment in AY 2013–14. The Tribunal held that the major payments pertained to FY 2010–11 and could not be assessed in a later year.
Recognising the non-commercial nature of a long-standing charitable trust, the Tribunal condoned the delay. The registration application was sent back for reconsideration on merits.
Where the CIT(A) rejected the appeal only on limitation, the Tribunal intervened. It directed fresh adjudication of the penalty after condoning the 380-day delay.
The Tribunal found that the Commissioner must consider condonation of delay under the amended section 12A. The rejection order was therefore set aside.
The dispute concerned denial of donor approval before finality of charitable registration. The Tribunal held that 80G approval is consequential and cannot be refused while 12AB registration is under re-examination.
The Tribunal held that interest earned by a credit co-operative society from deposits with co-operative banks is deductible under section 80P(2)(d). The ruling follows settled law that such societies are distinct from co-operative banks.
The Tribunal ruled that minor delay in filing Form 10AB cannot justify rejection when law permits condonation. Commissioners must examine reasonable cause instead of dismissing applications on technical grounds.
The issue was whether an appeal can be rejected without first considering condonation of delay. The Tribunal held that dismissal without condoning delay is invalid and requires fresh adjudication.
