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2019 (5) TMI 1202 - HC - Income TaxCancellation of registration u/s 12AA - registration was cancelled by the CIT(C), Ludhiana retrospectively from 1.10.2004 on the ground that the activities of the assessee were not genuine and charitable allegedly on account of additions made during the assessment proceedings for the assessment years 2005-06 and 2006-07 - HELD THAT:- Tribunal while allowing the appeal of the assessee had noticed that the first addition was in respect of unaccounted cash found and seized from the residence of the trustees of the assessee. In the quantum appeal, the revenue's appeal was dismissed by confirming the relief granted to the assessee. As far as unaccounted payment of ₹ 8 lakhs made to M/s R.K. Engineering Works is concerned, the same had been deleted and no appeal was filed against the deletion of the addition. The issue regarding unexplained cash transfer entry was also decided in favour of the assessee. Further, the assessee had been granted registration again on 30.11.2008 which was made effective from the assessment year 2008-09 finding the activities of the assessee as genuine and the objective being charitable. The Tribunal [2012 (7) TMI 398 - ITAT DELHI] while allowing the appeal held that the addition was based on the cancellation of the assessee trust u/s 12AA and denying the exemption u/s 11 of the Act. Since we have allowed the appeal of the assessee for granting the registration, therefore, we set aside the orders of the authorities below. - Decided in favour of the assessee.
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