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2012 (2) TMI 122 - HC - Income TaxEducation society registered u/s 12A – denial of registration u/s 10(23C)(vi) – discrepancies in accounts pointed out on the basis of the records produced during the course of proceedings u/s 10(23C)(vi) - Held that:-Prescribed authority is required to examine various aspects and thereafter issue directions/stipulations and impose conditions. On violation of the said conditions and stipulations, it is open to the prescribed authority to cancel the registration. The distinction between assessment proceedings and proceeding under Section 10(23C)(vi) has been explained and elucidated by the Supreme Court in case of American Hotel and Lodging Association Education Institute (2008 (5) TMI 17 - SUPREME COURT OF INDIA). Order of remit is being passed to decide the application for registration u/s 10(23C) (vi) of the Act afresh. Further, interim order passed on 28.11.2011 staying the reassessment proceedings u/s 148 for the A.Y. 2009-10, is vacated and comes to an end. It will be open to the A.O. to proceed in accordance with law.
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