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2020 (1) TMI 857 - AT - Income TaxExemption u/s 11 - Cancellation of registration u/s 12AA - assessee is actively involved in commercial activities with profit element and no charitable purpose is involved - HELD THAT:- We are of the opinion that the decision based on the granting of Registration under Section 12A is crucial and whereas the CIT (Appeals) has confirmed the action of Assessing officer, though Registration u/sec 12A of the Act is pending before the Tribunal. We found the CIT(Appeals) has passed the order on 25.2.2014, But the co-ordinate Bench of Tribunal in [2015 (7) TMI 198 - ITAT BANGALORE] setting aside the cancellation of Registration under Section 12AA of the Act by DIT (Exemptions) was passed on 10.4.2015. Hence the assessee could not get the order on hand at the time of hearing before the CIT(A). We considering the facts, circumstances, submissions and the decision of the co-ordinate Bench in setting aside the cancellation of Registration under Section 12AA of the Act are of the opinion that the decision making has to be considered afresh based on the Registration u/sec 12A. Accordingly, we set-aside the order of CIT(A) and to meet the ends of justice, Restore this issue to the file of CIT(Appeals) to adjudicate afresh considering the Registration under Section 12AA of the Act available to the assessee and pass Reasoned and speaking order. - Decided in favour of assessee for statistical purposes.
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