Entity Which Misuses Status Under Section 12AA Income Tax Act Not Entitled To Retain It: Supreme Court Upholds Cancellation Of Trust Registration
Income Tax section 122A
Case: Commissioner of Income Tax (Exemption) vs. Batanagar Education and Research Trust
Coram: Justices UU Lalit and Ajay Rastogi
Case No: Civil Appeal No.4451 Of 2021
Court Observation: “These answers also show that donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash. The facts thus clearly show that those were bogus donations and that the registration conferred upon it under Sections 12AA and 80G of the Act was completely being misused by the Trust. An entity that is misusing the status conferred upon it by Section 12AA of the Act is not entitled to retain and enjoy said status. The authorities were, therefore, right and justified in cancelling the registration under Sections 12AA and 80G of the Act.”
Income Tax, Supreme Court, Trust Registration & Judgment.