CIT v. Batanagar Education

129 Taxmann.com 30Supreme Court of India2021#2989 most cited

What is CIT v. Batanagar Education authority for?

Cancellation of registration under Sections 12AA and 80G of the Income-tax Act is justified when a trust misuses its status by returning substantial donations in cash to donors.

39

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2025.

Also referred to as

CIT v Batanagar Education · cancellation of registration · section 12AA · section 80G · misused status of trust · return of donations in cash · 129 taxmann.com 30

Issues it is cited on

Judgments citing CIT v. Batanagar Education

Gajraj Tradecom Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 6(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 628/KOL/2022[2015-2016]Status: DisposedITAT Kolkata28 Feb 2023AY 2015-2016

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Years: 2015-16 Gajraj Tradecom Pvt. Ltd. Deputy Commissioner Of 9/12, Lal Bazar Street Vs. Income Tax, Circle-6(1), Kolkata - 700001 Kolkata [Pan: Aaecg5268M] (Appellant) (Respondent) Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri P.P. Barman, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 29/12/2022 घोषणा की तारीख/Date Of Pronouncement : 28/02/2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dated 27/09/2022 For Assessment Year 2015-16 Against The Assessment Order Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By Dcit, Circle-6(1), Kolkata, Dated 23/12/2017. 2. Assessee Has Taken As Many As Ten Grounds & The Issues Involved In These Grounds Relate To Disallowance Of Deduction Claimed U/S 35(1)(Iii) & 35Ac Of The Act For Contribution Made By It Under Respective Sections & In Respect Of Credit Of Rs.10,00,000/- Towards Advance Tax Paid, Not Given In Computation Of Tax As Reflected In Form 26As. Grounds Of Appeal Are Not Reproduced For The Sake Of Brevity.

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri P.P. Barman, Addl. CIT
Section 143(3)Section 35(1)(iii)Section 35A

…। आयकर अपीलीय अिधकरण "ायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI RAJPAL YADAV, HON’BLE VICE PRESIDENT & SHRI GIRISH AGRAWAL, HON’BLE ACCOUNTANT MEMBER Assessment Years: 2015-16 GAJRAJ TRADECOM PVT. LTD. Deputy Commissioner of 9/12, Lal Bazar Street Vs. Income Tax, Circle-6(1), Kolkata - 700001 Kolkata [PAN: AAECG5268M] (Appellant) (Respondent) Assessee by : Shri Soumitra Choudhury, Advocate Revenue by : Shri P.P. Barman, Addl. CIT सुनवाई की तारीख/Date of Hearing : 29/12/2022 घोषणा की तारीख/Date of Pronouncement : 28/02/2023 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMB…