CIT v. Maria Social Service Society. (2018) 408 ITR 462 (Karn) (HC) Editorial: SLP of revenue is dismissed CIT v. Maria Social Service Society ( 2019) 267 Taxman 396 (SC)

S. 12AA : Procedure for registration –Trust or institution-Transfer of funds to another charitable institution —Cancellation of registration is not justified [ S. 11, Foreign Contribution ( Regulation ) Act , 2010]

Dismissing the appeal of the revenue the Court held that ; the Tribunal found that the foreign remittances were duly authorised by the competent authority under the Foreign Contribution (Regulation) Act, 2010 . There was no stipulation in the memorandum of association of the assessee-trust prohibiting any transfer of funds to another charitable trust which was also registered under the provisions of the 1961 Act. The cancellation of registration because the remittances had been transferred to another charitable institution was erroneous. The Tribunal was justified in setting aside the order of cancellation. ( AY.2011-12)