2017 (10) TMI 1461 - AT - Income Tax

Appeal Success: Trust Registration Restored After Tribunal Finds Lack of Evidence

The appellate tribunal allowed the appeal, overturning the Commissioner of Income Tax (Exemptions)'s order to cancel the charitable trust's registration ... Registration u/s. 12AA(3) - C.l.T(Exemption) cancelling the registration u/s. 12AA(3) on the ground that the assessee received cash in exchange of donation without any evidence that the assessee had received cash for payment of donation - addition made on statement taken during the survey - HELD THAT:- We are of the view that Section 133A does not empower any IT authority to examine any person on oath, hence, any such statement has no evidentiary value and any admission made during such statement cannot, by itself, be made the basis for addition.The Trust is giving donation for charitable activities. The donation given by assessee Trust to Gobind Ram Goel Charitable Trust Kolkata, was not bogus donation because Ld CIT(E) did not bring any cogent evidence on record to prove it bogus except statement taken during the survey of Sri Anand Agarwal. The statement taken during the survey of Sri Anand Agarwal ,Trustee, of M/s Gobind Ram Goel Charitable Trust when such statement itself was not admissible as evidence and further the said Sri Anand Agarwal and other alleged intermediaries were not produced for cross examination inspite of specific request by the assessee. Moreover, the assessee trust is not part of the group of M/s Gobind Ram Goel Charitable Trust. Considering the factual position discussed above, we quash the order of CIT(E) and we also direct the CIT(E), to grant the registration U/s 12A - Decided in favour of assessee. Issues Involved:Cancellation of registration under section 12AA(3) of the Income Tax Act, 1961 based on alleged money laundering activities and receipt of bogus donations by a charitable trust.Detailed Analysis:1. Grounds of Appeal:The appellant challenged the order of the Commissioner of Income Tax (Exemptions) under section 12AA(3) of the Income Tax Act, 1961, on various grounds, including the arbitrary nature of the order, reliance on inadmissible evidence, lack of cross-examination of witnesses, and alleged cancellation of registration without substantial evidence.2. Survey Operation Findings:During a survey operation, it was discovered that the charitable trust in question was involved in money laundering activities by accepting and returning donations through a complex web of financial transactions. The trust was accused of receiving bogus donations, leading to a show cause notice for cancellation of registration under section 12AA(3).3. CIT(E) Decision and Legal Basis:The Commissioner of Income Tax (Exemptions) relied on the provisions of section 12AA(3) to cancel the trust's registration, citing that the activities were not genuine and not in line with the trust's objectives. The decision was based on the trust's involvement in money laundering and acceptance of cash in exchange for donations.4. Appellant's Arguments and Legal References:The appellant contested the cancellation of registration, emphasizing that the trust's activities were charitable and in accordance with its stated objectives. They argued against the reliance on inadmissible evidence, lack of cross-examination, and the absence of concrete proof of receiving cash for donations.5. Judicial Interpretation and Decision:The appellate tribunal considered the legal validity of the evidence presented, highlighting that statements obtained during a survey operation do not hold evidentiary value without proper cross-examination. The tribunal found insufficient evidence to support the cancellation of registration and directed the restoration of the trust's registration under section 12A of the Income Tax Act.6. Final Decision:The tribunal allowed the appeal, quashing the CIT(E)'s order and instructing the restoration of the trust's registration under section 12A. The decision was based on the lack of substantial evidence and procedural irregularities in the cancellation process.This detailed analysis outlines the key issues, arguments, legal interpretations, and the final decision regarding the cancellation of registration of a charitable trust under section 12AA(3) of the Income Tax Act, 1961.