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2018 (4) TMI 885 - HC - Income TaxShow cause notice u/s 12AA(3)/(4) for cancellation of registration already granted - writ petition maintainability against a show cause notice - Held that:- The satisfaction contemplated in Section 12AA (3) is to be recorded by the Principal Commissioner of the Income Tax at the time of passing the final orders. At this stage while issuing the show cause notice he has mentioned a prima facie satisfaction in this regard. All pleas including the plea that the registration can not be cancelled with retrospective effect can be raised by the petitioner before the Principal Commissioner, who shall necessarily consider all the relevant pleas and take a decision thereon after recording his satisfaction in terms of Section 12AA (3) and there is no reason for this Court at this stage to believe that he would not do so. It is not a case where the show cause notice has been issued by an incompetent authority without jurisdiction, which could persuade us to interfere in the mater at this stage. In this view of the matter, we decline to exercise our discretionary jurisdiction under Section 226 of the Constitution of India leaving it open for the petitioner to raise all relevant pleas before the concerned authority.
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