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2017 (7) TMI 1053

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..... d car was purchased in the name of a Trustee, it was used for the purpose of trust only and the deduction of the same which was disallowed, has been allowed by the Commissioner and confirmed by the Tribunal. It shows that the trust has purchased the said car for its own use. As far as payment of scholarship is concerned, it has come on record that the amount of scholarship has been paid to the students directly through their educational institutions and not through PAAK foundation, though, initially it was decided to route the said payment through PAAK foundation, but the same has not been done and the amount which was deposited for scholarship with PAAK foundation has been taken back by the respondent. The Tribunal after appreciation o .....

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..... is routed through PAAK foundation, wherein, the trustees of the said trust of the respondent are common. All these aspects are sufficient to invoke Section 12AA for cancellation of registration and the DIT (E) had properly acted as per the said provision. 3. Mr. Joshi, learned Counsel for the respondent supports the order and submits that disallowance made by the Assessing Officer in respect of purchase of car, has been set aside by the Commissioner (Appeals) and the Appeal filed by the Revenue before the Tribunal is also dismissed for the assessment year 20092010. The deduction in respect of purchase of car has been allowed. Learned Counsel further submits that the plot was acquired by the respondent for the purpose of construction of .....

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..... name of a Trustee, it was used for the purpose of trust only and the deduction of the same which was disallowed, has been allowed by the Commissioner and confirmed by the Tribunal. It shows that the trust has purchased the said car for its own use. As far as payment of scholarship is concerned, it has come on record that the amount of scholarship has been paid to the students directly through their educational institutions and not through PAAK foundation, though, initially it was decided to route the said payment through PAAK foundation, but the same has not been done and the amount which was deposited for scholarship with PAAK foundation has been taken back by the respondent. The Tribunal after appreciation of evidence has arrived at plau .....

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