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2019 (6) TMI 857 - ITAT KOLKATARegistration of trust u/s. 12AA(3) denied - survey operation u/s. 133A - registration of the trust has been cancelled only on the basis of statement of one Anand Agarwal who was Managing Trustee of Govind Ram Goel Charitable Trust [GRGCT] as recorded u/s 133A - no opportunity of cross examination - HELD THAT:- As decided in RADHARAMAN BEHARI VERSUS COMMISSIONER OF INCOME TAX, (EXEMPTIONS) , KOLKATA [2017 (10) TMI 527 - ITAT KOLKATA] no evidence brought on record to show any connection between those brokers and the assessee. In the absence of such corroborative evidence, it is not possible to come to any conclusion that the assessee indulged in money laundering and that the donation given by the assessee to GRGCT was a bogus donation. Name of the assessee is not appearing in the statement furnished by the managing trustee of GRGCT. Therefore in such situation the opportunity of cross examination was very much required in the presence of assessee and managing trustee of GRGCT as well as the middle man namely Shri Gaurav Agarwal. CIT(Ex) in the instant case erred in not giving the opportunity of cross examination Also the grounds for cancellation for registration u/s 12AA(3) is that the activities of the trust should not be genuine or the activities of the trust are not being carried out in accordance with the objects of the trust. There is neither an allegation in the impugned order nor finding that any of the aforesaid conditions exist in the case of the assessee. The cancellation of registration granted to the assessee u/s 12A of the Act cannot be sustained and the impugned order is hereby quashed - Decided in favour of assessee.
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