ST LAWRENCE EDUCATIONAL TRUST, AURANGABAD,AURANGABAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL, NAGPUR, NAGPUR

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ITA 600/PUN/2023Status: DisposedITAT Pune04 August 202327 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that a statement recorded during a survey under Section 133A, without administering an oath, has no evidentiary value. Therefore, the cancellation of registration based solely on such a statement, without any corroborative evidence of 'specified violations', is untenable.

What were the facts?

During a survey, the assessee trust's trustee admitted undisclosed income of Rs. 9.00 crore. Based on this, the Principal Commissioner cancelled the trust's registration granted under Section 10(23C)(vi) of the Income Tax Act.

What were the issues?

Whether a surrender made during a survey under Section 133A, without oath, can be the sole basis for cancelling registration under Section 10(23C)? Whether the amended proviso to Section 10(23C) could be applied retrospectively to assessment years prior to its substitution?

Which sections of the Income-tax Act were involved?

Section 10(23C),Section 133A,Section 131

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, PUNE BENCH, ‗B‘ PUNE

Before: SHRI R.S. SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri Sachin P. Kumar
For Respondent: Shri Ajay Kumar Kesari

आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदधकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 02-08-2023 Sr.PS 2. Draft placed before author 04-08-2023 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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