St. Wilfred Educational Society v. PCIT (2019) 176 ITD 675 //(2020) 190 DTR 281 / 204 TTJ 878 (Jaipur)(Trib.)

S. 12AA : Procedure for registration –Trust or institution- Old denomination notes was found during search on premises of assessee’s bank where management of assessee had effective control- Scholarship to several students and had produced several documents in support of said scholarship payments- Non-appearance of certain students for verification – Purchase of plot of land and built a school building – Registration cannot be denied. [S. 11, 12A, 13]

Tribunal held that old denomination notes was found during search on premises of assessee’s bank where management of assessee had effective control. Refusal of registration is held to be not valid, since source of such cash was established to be fees collected from students and such fees was recorded in books of account and cash was physically found in possession of assessee’s bank.  Assessee had given scholarship to several students and had produced several documents in support of said scholarship payments, mere non-appearance of certain students for verification could not be a sole basis to held that scholarship payments were not genuine so as to withdraw registration granted to assessee under section 12AA. Assessee had purchased a plot of land and built a school building thereon and carried on its educational activities and fees so received was reflected in its books of account, it could not be said that assessee had made investment in contravention of S. 11(5) so as to withdraw registration granted under S.12AA of the Act. (AY. 2014-15)