Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

September 2024

S. 12A / 12AB — Where the show cause notice was issued on 6th October, 2022, CIT(E) could not have cancelled registration retrospectively with effect from 1st April, 2014 in so far as section 12AA /12AB do not provide for cancellation of registration with retrospective effect

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

(2024) 165 taxmann.com 39(Cuttack Trib)

Maa Jagat Janani Seva Trust vs. CIT

ITA No.: 248(Ctk) of 2023

Date of Order: 16th July, 2024

40. S. 12A / 12AB — Where the show cause notice was issued on 6th October, 2022, CIT(E) could not have cancelled registration retrospectively with effect from 1st April, 2014 in so far as section 12AA /12AB do not provide for cancellation of registration with retrospective effect.

FACTS

The assessee trust was granted registration under section 12A on 21st May, 2014, w.e.f. 1st April, 2013. It had also filed Form 10A to get re-registration under section 12A and Form 10AC was issued granting registration for the period from AY 2022-23 to AY 2026-27 vide an order dated 5th April, 2022.

Subsequently, a show cause notice was issued by CIT(E) to the assessee on 6th October, 2022 wherein the assessee was asked to explain as to why registration should not be cancelled. The assessee responded from time to time; however, CIT (E) held that the assessee had not submitted any categorical explanation or reply to the show cause notice and cancelled the registration under s

Read More
Download PDF

You May Also Like

S. 45 — Revaluation of asset held by partnership firm and crediting amount of said revaluation to partners’ capital account is transfer taxable section45(4) and the fair market value fixed by stamp authorities should be taken as deemed value of consideration for purpose of section 48

S. 12A, 13 — CIT(E) cannot deny registration under section 12A by invoking section 13(1)(b) since section 13 can be invoked only at the time of framing assessment and not at the time of grant of registration