CIT(E) v. Mayapur Dham Pilgrim & Visitors trust (2022) 214 DTR 441 /328 CTR 984 (Cal)(HC)

S. 12AA : Cancellation of registration-Trust or institution-Survey-No incriminating material was found-Accommodation entries- Cancellation of registration without giving an opportunity of cross examination is not valid. [S. 12A, 133A]

Assessee trust was registered under section 12A of the Act. Survey was conducted on another assessee – ‘School of Human Genetics & Population Health’ whose treasurer recorded a statement that they had been providing entries to different entities. CIT(E) cancelled assessee’s registration under section 12AA stating that the assessee had received donation from the said School and then returned the money thereby indulging in money laundering which is illegal and not in accordance with the objects of the assessee trust. Tribunal allowed the assessee’s appeal challenging the order of the CIT(E). Tribunal held that no incriminating material was found against the assessee except for a statement of the treasurer of the said School at the time of survey wherein again no specific allegation was made against the assessee. High Court upheld the order of the Tribunal. High Court also refused the tax department’s request for remanding the matter to CIT(E) for fresh consideration. High Court observed that the documents which were the basis of CIT(E) finding were not furnished to the assessee and secondly the treasurer of the School whose statement was recorded was not presented for cross-examination and that the revenue could not be given one more opportunity to rectify its mistake. (AY. 2013 -14)