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2008 (9) TMI 438 - AT - Income TaxCharitable Trust - Power of cancellation of registration u/s 12AA (3) - A line of demarcation is drawn between the registrations granted u/s 12A and registrations granted u/s 12AA - casus omissus - HELD THAT:- In our considered view, a registration granted u/s 12A of the Act cannot be withdrawn or cancelled by the CIT by invoking the provisions of s. 12AA (3) of the Act. The combined reading of both the sections makes it clear that registration can be cancelled only in those cases where the registration has been granted under sub-s. (1b) of s. 12AA. This section nowhere empowers the CIT to cancel or withdraw the registration granted u/s 12A. In the absence of such power, in our opinion, the registration granted u/s 12A cannot be withdrawn or cancelled. This view is supported by the decision of the Tribunal in the case of Kailashanand Mission Trust vs. Asstt. CIT [2003 (10) TMI 273 - ITAT DELHI-C] wherein it was held that s. 12A does not empower the CIT to withdraw or cancel the registration granted. We may also add that provisions of sub-s. (3) of s. 12AA were brought on the statute book w.e.f. 1st Oct., 2004 by Finance. The provisions of this section are substantive in nature since the same affect the valuable right of the assessee and therefore, in our opinion are prospective and cannot be given retrospective effect, in view of the decision of the Supreme Court in the case of Sedco Forex International Drill Inc. & Ors. vs. CIT [2005 (11) TMI 25 - SUPREME COURT] wherein it has been held that even the provisions of an Explanation cannot be given retrospective effect unless specifically provided by the statute. It is not the case of the Revenue that legislature specifically provided the retrospective effect of such provision. Therefore, it is also to be held that even on this ground the provisions of s. 12AA(3) cannot be applied to the registration granted u/s.12A of the Act. When the Hon'ble Supreme Court in the case of Smt. Tarulata Shyam & Ors. vs. CIT [1977 (4) TMI 3 - SUPREME COURT] declines to supply casus omissus even in a case where their Lordships have noted that the provisions in question are extremely drastic and supplying a casus omissus will make these provisions more in conformity with logic and equity, it is indeed futile to suggest that such a casus omissus can be supplied by this Tribunal. We are not inclined to accept the plea canvassed by the ld DR to the effect that we should interpret the scope of s. 12AA(3) so as to give it an extended meaning beyond what is laid down by specific words of the statute. Therefore, we hold that the impugned order was vitiated in law inasmuch as the ld CIT did not have powers to cancel the registration granted u/s 12A. Accordingly, the impugned order is hereby vacated and, as a corollary thereto, the registration granted to the assessee u/s 12A stands restored. In the result, the appeal is allowed.
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