CIT(E) v. Govardhan Foundation (2022) 284 Taxman 545 /(2022) 213 DTR 44/ 326 CTR 443 Cal.)(HC)

S. 12AA : Procedure for registration-Trust or institution-Cancellation of registration retrospectively-Making donation outside India-Cancellation of registration was held to be not valid-Order of Tribunal is affirmed. [S. 11, 12A]

Dismissing the appeal of the revenue the Court held that donations were made to a school in Nepal as per terms of trust deed and when registration was granted at first instance by then Commissioner on 14-12-1995, clauses and covenants as contained in deed of trust were examined and activities of trust were found to be genuine and after recording satisfaction registration has been granted. Accordingly since donations were made as per terms of trust deed, cancellation of registration by Commissioner was not valid. Order of Tribunal is affirmed.  (AY. 2012-13)