IT : Commissioner is empowered to cancel registration granted to a society under section 12A from assessment year 2011-12 onwards, he cannot assume such power for earlier assessment years
IT : Consideration of first proviso to section 2(15) has no role to play in matters relating to registration of a trust or institution under section 12A in respect of granting or declining or cancelling registration
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[2016] 65 taxmann.com 239 (Chandigarh - Trib.)
IN THE ITAT CHANDIGARH BENCH
Punjab Cricket Association
v.
Commissioner of Income-tax-II, Chandigarh*
H.L. KARWA, VICE-PRESIDENT
AND MS. RANO JAIN, ACCOUNTANT MEMBER
IT APPEAL NO. 834 (CHD.) OF 2012
OCTOBER 19, 2015
Section 12AA, read with sections 12 and 2(15), of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Cancellation of) - Assessment year 2009-10 - Whether amendment to section 12AA(3) giving power to Commissioner to cancel registration granted under section 12A has been conferred by Finance Act, 2010, which explicitly provides that said powers are available to Commissioner with effect from 1-6-2010 and same accordingly can be applied for assessment year 2011-12 and subsequent assessment years and, in view of this, Commissioner, could not assume jurisdiction to cancel registration of assessee society from assessment year 2009-10 onwards - Held, yes - Whether consideration of first proviso to section 2(15) has no role to play in matters relating to registration of a trust or institution under section 12A in respect of granting or declining of registration or in respect of cancellation - Held, yes - Whether amendment to proviso to section 2(15) brought by Finance Act, 2008 cannot be basis for cancellation of registration already granted in earlier year under section 12A - Held, yes - Whether where Commissioner had not given findings that activities of assessee were not genuine or not being carried out in consonance with objects of assessee, action of Commissioner in cancelling registration was not as per law - Held, yes [Paras 13 & 14] [In favour of assessee]
Circulars and Notifications : Circular No. 1/2011, dated 6-4-2011
IT : Consideration of first proviso to section 2(15) has no role to play in matters relating to registration of a trust or institution under section 12A in respect of granting or declining or cancelling registration
■■■
[2016] 65 taxmann.com 239 (Chandigarh - Trib.)
IN THE ITAT CHANDIGARH BENCH
Punjab Cricket Association
v.
Commissioner of Income-tax-II, Chandigarh*
H.L. KARWA, VICE-PRESIDENT
AND MS. RANO JAIN, ACCOUNTANT MEMBER
IT APPEAL NO. 834 (CHD.) OF 2012
OCTOBER 19, 2015
Section 12AA, read with sections 12 and 2(15), of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure (Cancellation of) - Assessment year 2009-10 - Whether amendment to section 12AA(3) giving power to Commissioner to cancel registration granted under section 12A has been conferred by Finance Act, 2010, which explicitly provides that said powers are available to Commissioner with effect from 1-6-2010 and same accordingly can be applied for assessment year 2011-12 and subsequent assessment years and, in view of this, Commissioner, could not assume jurisdiction to cancel registration of assessee society from assessment year 2009-10 onwards - Held, yes - Whether consideration of first proviso to section 2(15) has no role to play in matters relating to registration of a trust or institution under section 12A in respect of granting or declining of registration or in respect of cancellation - Held, yes - Whether amendment to proviso to section 2(15) brought by Finance Act, 2008 cannot be basis for cancellation of registration already granted in earlier year under section 12A - Held, yes - Whether where Commissioner had not given findings that activities of assessee were not genuine or not being carried out in consonance with objects of assessee, action of Commissioner in cancelling registration was not as per law - Held, yes [Paras 13 & 14] [In favour of assessee]
Circulars and Notifications : Circular No. 1/2011, dated 6-4-2011
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