M/S. DEVI SHAKUNTALA THKARAL CHARITABLE FOUNDATION,BHOPAL vs. PR CIT,CENTRAL, BHOPAL

ITA 117/IND/2020Status: DisposedITAT Indore29 July 2022AY 2012-1317 pages
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What did the Tribunal hold?

The Tribunal held that the Principal Commissioner of Income Tax (Central) did not have the jurisdiction to cancel the registration under Section 12AA. The authority competent to pass such an order, as per CBDT notifications, was the Commissioner of Income-tax (Exemption), Bhopal.

What were the facts?

The Principal Commissioner of Income Tax cancelled the registration of the Devi Shakuntala Thakaral Charitable Foundation under Section 12AA. This action was taken after a search operation revealed alleged financial irregularities and non-genuine activities of the foundation.

What were the issues?

The primary issue was whether the Principal Commissioner of Income Tax (Central) had the legal authority and jurisdiction to cancel the registration granted under Section 12AA of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 12AA,Section 13(1)(c),Section 120

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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.

This appeal filed by the assessee is directed against the order dated 23.12.2019 of learned Pr. Commissioner of Income-Tax (Central), Bhopal [“Ld. PCIT (Central)”], by which the registration u/s 12AA of the Act, granted to the assessee, had been cancelled by Ld. PCIT(Central).

2.

Precisely stated the facts are such that the assessee is a charitable foundation, which was holding the registration u/s 12AA of the Act, granted by revenue. A search u/s 132 was conducted at the premises of the Oriental Group, Bhopal on 12.01.2018 and all cases of Oriental Group including the Devi Shakuntala Thakaral Charitable F

The order continues below.

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