LAKHMI CHAND CHARITABLE SOCIETY,NEW DELHI vs. PCIT CENTRAL 3, NEW DELHI

ITA 1803/DEL/2024Status: DisposedITAT Delhi22 August 2024Bench: SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER & MS.MADHUMITA ROY (Judicial Member)32 pages
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What did the Tribunal hold?

The Tribunal found that the show cause notices and the PCIT's order invoking Section 12AB(4) were erroneous and bad in law. The Tribunal noted that Section 12AA could not be applied to orders after April 1, 2021, and Section 12AB(4) was not in effect for the assessment years in question.

What were the facts?

A search operation led to a proposal for cancellation of the assessee's charitable registration. The Principal Commissioner of Income Tax (PCIT) issued show cause notices, but the proceedings were complex and involved multiple references and withdrawals.

What were the issues?

Whether the cancellation of registration under Section 12AB(4) was valid when the relevant provisions were not applicable to the assessment years in question and whether the show cause notices were legally sound.

Which sections of the Income-tax Act were involved?

Section 12A,Section 12AA,Section 12AB(4),Section 11(1)(a),Section 11(1)(d),Section 13(1)(c)

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Cases cited in this judgment(4)Show list

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Income Tax Appellate Tribunal, “E” BENCH, DELHI

Before: SHRI S. RIFAUR RAHMAN&

For Appellant: Adv. Sh. Deepesh Jain, Adv
Hearing: 30.05.2024Pronounced: 22.08.2024

PER MADHUMITA ROY, JM:

The instant appeal filed by the assessee is directed against the order passed by the PCIT, Central-3 dated 31.03.2024 under Section 12A r.w.Section 12AA and 12AB(4) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) whereby and whereunder

P a g e | 2 Lakhmi Chand Charitable Society Vs. Pr.CIT, Central-3 the registration of the appellant trust from Assessment Year 2015- 16 to Assessment

The order continues below.

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