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2016 (1) TMI 978 - AT - Income TaxRegistration under section 12A cancelled - Held that:- On perusal of the order of the learned Commissioner of Income Tax for cancelling the registration, we see that at the beginning of the order as well as at every place while concluding his finding, the learned Commissioner of Income Tax has referred to cancellation of registration w.e.f. assessment year 2009-10 onwards. However, since the amendment to section 12AA(3) of the Act has been specifically provided to be applicable to assessment year 2011-12 and onwards, the learned Commissioner of Income Tax cannot assume jurisdiction to cancel the registration from assessment year 2009-10 onwards. In view of this, the order of the learned Commissioner of Income Tax in cancelling the registration under section 12A of the Act is held to be not as per law. We hold that the amendment to section 2(15) of the Act cannot be the basis for cancellation of registration granted earlier under section 12A of the Act. Two basic requirements for cancellation of registration as provided under section 12AA(3) viz, the findings of the CIT to the effect that the activities of the assessee are not genuine or the activities are not being carried out in accordance with the objects on the basis of which registration under section 12A of the Act was granted to it, have also not been fulfilled in this case. CIT(A) has nowhere given a finding in this regard. It is not the case of the Commissioner of Income Tax that the activities of the assessee are not genuine or not being carried out in consonance with the objects of the assessee. The action of the CIT(A) in cancelling the registration is not as per law. - Decided in favour of assessee.
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