9911796707
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Issues:
1. Recognition of Kalinga Foundation Trust as a genuine entity for cash credits in the assessee's books. 2. Validity of the Tribunal's presumption based on the decision of the High Court. Analysis: The judgment pertains to an appeal under the Income-tax Act, 1961, where the Appellate Tribunal was called upon by the High Court to address specific questions. The first issue revolves around the genuineness of the trust, Kalinga Foundation Trust, and whether it provided enough evidence to support the authenticity of cash credits in the assessee's books. The Income-tax Officer initially questioned the legitimacy of the trust, but the Appellate Assistant Commissioner and the Appellate Tribunal considered it a juristic person based on precedents related to another assessee, Biju Patnaik. However, the Supreme Court recently overturned the High Court's decision in the Biju Patnaik case, leading to the current uncertainty regarding the trust's status. Regarding the second issue, the Tribunal's reliance on the High Court's previous decision, which has now been reversed by the Supreme Court, is under scrutiny. The judgment emphasizes that the Tribunal's finding of the trust as a separate entity cannot be upheld until the pending questions related to the trust's genuineness are resolved through references to the High Court. Therefore, the Tribunal is directed to reevaluate the second appeal after the resolution of the pending issues. The judgment concludes by highlighting that the first question's consideration is currently academic due to the unresolved nature of the trust's genuineness. In summary, the judgment underscores the importance of resolving the trust's status and the need for the Tribunal to reassess its findings in light of the Supreme Court's decision. The case is disposed of with a directive for the Tribunal to revisit the appeal post the resolution of the pending issues, without imposing any costs. The Chief Justice concurs with the decision, bringing the matter to a close.
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