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TMI Blog2021 (11) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing substantial questions of law for consideration :- a) Whether on the facts and in the circumstances of the case and in law, the Learned Income Tax Appellate Tribunal is not correct in opining that the cancellation of the registration of the assessee by the Commissioner of Income Tax (Exemptions) by exercising jurisdiction under sub-section 3 of Section 12AA of the Income Tax Act, was not maintainable thereby wrongly set aside the order of the Commissioner of Income Tax (Exemptions) ? b) Whether on the facts and in the circumstances of the case and in law, the order passed by the Learned Income Tax Appellate Tribunal is not justified in setting aside the order of the Commissioner of Income Tax (Exemptions) by ignoring the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alia, contending that the donations were made to a school in Nepal in terms of the Clause 4(A) of the Trust Deed which does not prohibit the Assessee Trust from making such donations and Trust Deed is a registered Deed under Section 12A of the Act. Further certain factual details were also given to justify the stand that Section 11 of the Act shall not apply to the assessee's Trust. The copies of the Trust Deed, the receipts for the donation paid, balance sheet and income and expenditure account for the relevant years and the Trust Deed of the institution in Nepal were also appended with the submissions dated 24th April, 2016. The Commissioner thereafter issued show-cause notice dated 31st October, 2016 calling upon the assessee to explain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner on 14th December, 1995, the clauses and covenants as contained in the Deed of Trust were examined and the activities of the trust were found to be genuine and after recording satisfaction, registration has been granted. Therefore, such an issue could not have given rise to a cause of action for cancellation of the registration. The Tribunal had followed the decision of the High Court of Madras in the case of Tamil Nadu Cricket Association, 368 ITR 633 (Madras) to hold that the issues relating to how the funds of the Trust were employed is not germane for considering the question as to whether the activities were genuinely carried out or not. The learned Senior Standing Counsel for revenue submitted that revenue has not accepted the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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