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2015 (9) TMI 1502 - AT - Income TaxRegistration u/s 12AA cancelled - powers of the Commissioner under section 12AA(3) for cancellation of registration already granted - Held that:- As decided in Kapurthala Improvement Trust Versus Commissioner of Income Tax [2015 (7) TMI 77 - ITAT AMRITSAR] the action of the learned Commissioner, in withdrawing the registration under section 12AA(3), was well beyond the limited scope of the powers conferred on him by the statute. The assessee, therefore, must succeed in the appeal for this short reason alone. There is, however, a much more fundamental reason for the assessee succeeding in this appeal. In our considered view, the considerations with respect to the first proviso to Section2(15) coming into the play and, for that reason, the objectis of an assessee trust or institution being held to be not covered by the definition of ‘charitable purposes’, have no role to play in the matters relating to registration of a trust or institution under section 12A or 12AA-whether in respect of granting or declining of a registration or in respect of cancellation, even if otherwise permissible, of a registration. - Decided in favour of assessee
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