TMI Blog2018 (8) TMI 1551X X X X Extracts X X X X X X X X Extracts X X X X ..... and disallowed claim of the assessee for exemption was that the appeal of the Revenue against the order of the Tribunal restoring the appellant’s registration under Section 12A of the Act was pending before this Court. As this Court has already dismissed the appeal, the foundation of the order of the Assessment Officer collapses automatically. - GA NO.23 OF 2015 WITH ITAT NO.207 OF 2014 - - - Dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was granted under the provisions of Section 12A of the Act. Said registration of the assessee was cancelled by an order of the Commissioner passed under Section 12AA(3) on 22nd June, 2010. The proceeding for such cancellation was however initiated in the year 2008. The order of cancellation was appealed against by the assessee before the Income Tax Appellate Tribunal and the Tribunal in its d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d order was quashed by I.T.A.T., Kolkata by its order dated 24/2/2012 thereby restoring the registration u/s 12A. However, the department has filed appeal U/S 260A against I.T.A.T. s said order before Hon ble Calcutta High Court. Hence in order to safeguard the interest of revenue in the situation if High Court gives judgement in Revenue s favour, the Registration u/s 12A is still considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta Vs. M/s. JIS Foundation). That judgement was delivered on 29th November, 2016. The sole reason as to why the Assessing Officer chose not to follow the Tribunal s decision and disallowed claim of the assessee for exemption was that the appeal of the Revenue against the order of the Tribunal restoring the appellant s registration under Section 12A of the Act was pending before this Court. As t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
