Supreme Court of India

Commissioner of Income Tax (exemptions), Kolkata v. Batanagar Education and Research Trust

Neutral citation
Bench Uday Umesh Lalit and Ajay Rastogi JJ.
Decided 2 August 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the conclusions drawn by the CIT(E) in the impugned order which we have extracted in the earlier part of the order are correct and calls for no interference.

Judgment, page 6

From the headnote

Income Tax Act, 1961: s.12AA – Cancellation of registration of respondent Trust under s.12AA – Statement of the Managing Trust of Trust showed 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 ss.12AA and 80G of the Act was completely being misused by the Trust – An entity which is misusing the status conferred upon it by s.12AA of the Act is not entitled to retain and enjoy said status – The authorities…

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