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2016 (1) TMI 1302 - AT - Income TaxRevision u/s 263 - cancelled the registration granted under section 12AA - Held that:- The meaning of the term ‘order’ is given to be an order of assessment made by the ACIT, DCIT, ITO on the direction of JCIT under section 144 of the Act, or an order made by the JCIT under section 120 of the Act. We observe that there is no reference to an order made by the Commissioner of Income Tax under section 12A of the Act. In view of this, the learned Commissioner of Income Tax has no jurisdiction under section 263 of the Act to cancel the registration earlier granted to the assessee under section 12AA of the Act. Specific powers have been granted to the Principal Commissioner or the Commissioner in this regard under section 12AA(3) of the Act. The Income Tax Act is a self contained code, whereby specific provisions have been provided for specific conditions under different Chapters and under different sections, sub-sections and clauses, etc. An authority can exercise its power to do any act under the specific provision provided under the Act and not from elsewhere. To cancel the registration, the Commissioner of Income Tax has to assume the power from the provisions of section 12AA(3) of the Act and not from section 263 of the Act, which is basically a power given to the Commissioner of Income Tax to review an erroneous order made by an Assessing Officer, which results in some prejudice to the revenue. Thus the Commissioner of Income Tax does not have power to cancel registration granted to the assessee earlier under section 12A of the Act, under the revisionery powers given to him in section 263 of the Act. - Decided in favour of assessee.
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