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2011 (4) TMI 563 - HC - Income TaxPower of cancellation of registration U/s 12AA(3) – As per the case of Bharati Vidyapeeth v. ITO [2008 -TMI - 71305 - ITAT PUNE-B ], held that "section 12AA(3) empowers the CIT to cancel such registration if he is satisfied that activities of trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution as the case may be - The combined reading of both the sections makes it clear that registration can be cancelled only in those cases where the registration has been granted under sub-section (1b) of section 12AA. This section nowhere empowers the CIT to cancel or withdraw the registration granted under section 12A - In the absence of such power the registration granted under section 12A cannot be withdrawn or cancelled." Also as per the decision of the Tribunal in the cases of Guru Nanak Public School v. Director of Income-tax (Exemptions), Delhi, in ITA Nos. 3267/Delhi/2008 & 3268/Delhi/2008, held that that the Commissioner has no power under section 12AA(3) to cancel the registration granted earlier under section 12A(a) - The question in affirmative in favour of the assessee and against the Revenue.
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