TaxTMI 
TaxTMI 
2022 (2) TMI 534
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....pellant: Mr. Tilak Mitra, Adv. Mr. Radhamohan Roy, Adv. For the Respondent: Mr. J. P. Khaitan, Senior Adv. Ms. Swapna Das, Adv. Mr. P. Jhunjhunwala, Adv. Mr. Siddhartha Das, Adv. T. S. SIVAGANANAM, J. : All these appeals have been filed by revenue under Section 260A of the Income Tax Act, 1961 (the 'Act' in brevity) challenging a common order dated 30th August, 2017 passed by the Income Tax Appellate Tribunal, Kolkata "B" Bench (the 'Tribunal' in short) in ITA No.285/Kol/2016, ITA No.286/Kol/2016, ITA No.287/Kol/2016, ITA No.288/Kol/2016, ITA No.289/Kol/2016, ITA No.1156/Kol/2016, ITA No.1157/Kol/2016, ITA No.1158/Kol/2016, ITA No.1159/Kol/2016 and ITA No.1160/Kol/2016 for the assessment year 2006-07. The revenue has raised for the....
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....014 proposing to cancel the registration granted to the assessee under Section 12A of the Act. The allegation in the show cause notice was that information has been received during the financial year 2005-06, the assessee was involved in circuitous transactions by rotating the same donation through another trust by way of donations and that the money donated by the assessee trust came back to it in the garb of donation from other trust registered under Section 12AA of the Act. Therefore, it was proposed that the activity of the assessee was neither genuine nor in accordance to the stated objective of the Trust. The assessee submitted its reply dated 16th November, 2015 stating that the show cause notice has proposed to cancel the registrati....
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....asis for holding the theory of circular donation and ultimate receipt of the donation by the donor trust. Further it was pointed out that though the assessee was not successful before the CIT(A), it had succeeded before the tribunal and the claim for benefit as given in Clause (d) of Section 11 was allowed. Therefore, the assessee contended that there was no ground to withdraw the registration under Section 12A of the Act. Further it was pointed out that the assessment for the years 2007- 08 to 2014-15 had been completed accepting the assessee as a charitable trust and allowing the benefit of Section 11 of the Act. Thus, the assessee stated that there is no material or evidence before the CIT(E) to hold that the trust is not eligible for....
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.... taking note of the amendment to Section 11 which was brought about by Finance Bill, 2017, with effect from 1st April, 2018, the tribunal pointed out that prior to 1st April, 2018, the money donated as corpus, will amount to application of income. The tribunal took note of the decision in the case of Commissioner of Income Tax vs. Sarladevi Sarabhai Trust reported in [1988] 172 ITR 698. The tribunal also faulted the CIT(E) for having cancelled the registration with retrospective effect as being without jurisdiction. Thereafter, the tribunal elaborately examined the facts and pointed out that at the inception, the CIT(E) was satisfied with the genuineness of the activities and granted registration to the assessee and before the tribunal the ....