CIT (E) v. Batanagar Education and Research Trust (2021) 436 ITR 501 / 204 DTR 217 / 321 CTR 633/282 Taxman 1 (SC) Editorial : Order of High Court in Batanagar Education and Research Trust v. CIT ( E) ( 2021)129 Taxman.com 29 ( Cal ) (HC) ( ITA NO 116 of 2018 dt 8-10 2018) is reversed, Order in Batanagar Education and Research Trust v CIT (E) (2017) 59 ITR 81 (SN) (Kol) (Trib) is affirmed.

S. 12AA : Procedure for registration-Trust or institution-Bogus donations-Misuse of registered status-Cancellation of registration is held to be justified. [S. 12AA(3), 80G]

Allowing the appeal of the revenue the Court held that  the answers given to the questionnaire by the managing trustee of the assessee-trust showed the extent of misuse of the status enjoyed by the assessee by virtue of registration under section 12AA of the Act. These answers also showed that donations were received by cheque out of which substantial money was ploughed back or returned to the donors in cash. The facts thus clearly showed that those were bogus donations and that the registration conferred upon it under sections 12AA and 80G of the Act was completely being misused by the assessee. An entity which is misusing the status conferred upon it by section 12AA of the Act is not entitled to retain and enjoy such a status. The authorities were therefore, right and justified in cancelling the registration under sections 12AA and 80G of the Act.