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2017 (6) TMI 556 - HC - Income TaxCancellation of registration of the assessee trust under section 12AA - bogus earthquake relief donation to sister concerns - Held that:- Director had discussed in detail the evidence before me to come to the conclusion about the financial improprieties of the Trust in a particular year. If the Tribunal was of the opinion that these findings are factually incorrect, the Tribunal ought to have recorded such opinion and it was thereafter certainly open for the Tribunal to interfere with the order of the Director. However, having not disapproved the findings of the Director, in facts of the present case, it is simply not open for the Tribunal to require re-consideration of the issue merely on the basis that the withdrawal of registration was based on the financial improprieties of one particular financial year whereas by the time the Director passes his order, one more order had passed by. The Tribunal in fact suggested that the Director ought to have looked into the affairs of the Trust for the subsequent year and without doing so, could not have withdrawn the registration. It is not the case where by the time the Director passed the order, many years had rolled by and the Tribunal thought that the initial misdeeds themselves were not very serious and therefore required the Director to take a fresh look considering the record of the Trust for the long period that may have passed in between. - Decided in favour of the Revenue
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