Trust cannot be treated as AOP if order cancelling trust registration was set-aside

CIT Vs Guru Nanak Educational Trust (Calcutta High Court) Order of cancellation of registration was set aside by Tribunal and, therefore, direction was issued to assessing officer to assess assessee as a trust and not as AOP. The revenue was in appeal as against the order passed by the Commissioner of Income Tax (Appeals), Central – III, Kolkata (CITA) dated 29.5.2012 whereby the appeal filed by the assessee was allowed and the assessing officer was directed to assess the income of the assessee as a trust and not as an association of persons (AOP). The Tribunal while considering the corr...