Case Law: Fateh Chand Charitable Trust vs. CIT (Allahabad High Court)

Shock & Anguish expressed at mal-administration by AO & CIT. CBDT directed to take action against erring officials

The assessee, a charitable trust registered u/s 12A, received donations of Rs. 5.23 crore in AY 2006-07. The assessee filed a ROI offering Nil income and the same was accepted by the AO u/s 143(3). Subsequently, the CIT initiated proceedings u/s 12A for cancellation of registration of the assessee as a charitable trust. However, this was dropped. Thereafter, the AO issued a notice u/s 148 seeking to reopen the assessment on the ground that the said donation was bogus as the donor had no financial capacity to give the donation. The assessee filed a Writ Petition to challenge the reopening. HELD by the High Court dismissing the Petition:

Fateh Chand Charitable Trust vs. CIT (Allahabad High Court)

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