COMMISSIONER OF INCOME TAX, (EXASMPTION) vs. VIJAY KUMAR BAJORIA FOUNDATION

In the result the tax case appeal is dismissed and the substantial

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Dated : November 22, 2022. Appearance: Ms. Smita Das De, Adv. …For Appellant The Court :- This Appeal Has Been Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata (Tribunal) Dated 19Th April, 2017 In Ita 2293 & 2294/Kol/2016. The Appeal Was Admitted On 1St April, 2019 To Decide The Following Substantial Questions Of Law : A) Whether The Impugned Order Of The Tribunal Dated 19Th April, 2017 Is Perverse In Failing To Appreciate & Record A Finding That The Trust In Question Was Not Involved In Any Charitable Activities & That Its Registration Was Liable To Be Cancelled Under Section 12Aa Of The Income Tax Act, 1961 ?

Section 12AA of the Act on the ground that the assessee was not carrying on any charitable activity. The correctness of the said finding was tested by the learned Tribunal and on facts it was found that the Trust had a corpus fund of Rs.20,56