ORIENTAL UNIVERSITY,INDORE vs. PR CIT,CENTRAL, BHOPAL, INDORE

ITA 116/IND/2020Status: DisposedITAT Indore29 July 2022AY 2012-1319 pages
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What did the Tribunal hold?

The Tribunal held that the PCIT did not have the jurisdiction to pass the impugned order. Consequently, the order of the PCIT was quashed, and the approval and registration were ordered to be restored to the assessee.

What were the facts?

The Principal Commissioner of Income-Tax (PCIT) withdrew the approval of Oriental University under Section 10(23C)(vi) and cancelled its registration under Section 12AA. This action was taken after a search revealed alleged financial irregularities and that the university's activities were not genuine or in accordance with its objects.

What were the issues?

The primary issue was whether the PCIT had the jurisdictional authority to withdraw the approval and cancel the registration granted to the assessee. The Tribunal also considered the genuineness of the assessee's activities and application of income.

Which sections of the Income-tax Act were involved?

Section 10(23C)(vi),Section 12AA,Section 12AA(3),Section 13(1)(c)

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Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: MS. MADHUMITA ROY & SHRI B.M. BIYANI

For Appellant: Ms. Nisha Lahoti and Shri Vijay Bansal, ARs
For Respondent: Shri P.K. Mitra, CIT- DR
Hearing: 27.07.2022Pronounced: 29.07.2022

Per B.M. Biyani, A.M.:

1.

These two appeals filed by the assessee are directed against the one and same order dated 26.12.2019 of learned Pr. Commissioner of Income-Tax (Central), Bhopal [“Ld. PCIT (Central)”], by which the approval u/s 10(23C)(vi) as well as registration u/s 12AA of the Act, granted to the assessee, had been withdrawn / cancelled by Ld. PCIT(Central). Since the Ld. PCIT(Central) has made two types of cancellations by one and same order dated 26.12.2019, the assessee has filed two separate appeals so as to get relief in both matters.

Oriental University ITA No.115 & 116/Ind/2020

2.

Precisely stated the facts are such that the assesse

The order continues below.

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