Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2012 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (2) TMI 659 - AT - Income TaxPower of CIT to cancel registration of trust u/s 12AA(3) - Assessee trust has received “capitation fees” in the garbs of donations from and on behalf of the students for giving them admission. CIT cancelled the registration granted to assessee trust in the year 2000 by invoking the provisions of s.12AA(3). The assessee’s contention is that the powers conferred on the ld. C.I.T. u/s. 12AA(3) did not extend to cancellation of registration granted u/s. 12A. - HELD THAT:- There was no power vested with the Commissioner to cancel or withdraw the registration granted to the assessee u/s 12A(a) in the year 2000. This power came to be incorporated by way of amendment introduced by the Finance Act, 2010, with effect from June 1, 2010. Thus, the impugned order of ld. C.I.T. vacated and as a corollary thereto, the registration granted to the assessee-trust u/s. 12A of the Act stands restored. Decision in the case of DIT (EXEMPTIONS) VERSUS MOOL CHAND KHAIRATI RAM TRUST [2011 (4) TMI 563 - DELHI HIGH COURT], relied upon. Decision in favour of Assessee.
|