Kalinga Institute of Industrial Technology v. CIT

Indian Education Society, Hisar vs. CIT, Hisar

The appeal is allowed

Bench: Shri I.C. Sudhir & Shri O.P. Kant Assessment Year: -- Indian Education Society, Vs. Cit 705- Yadav Colony, Aayakar Bhawan, Hisar (Hr.) Hisar (Hr.) (Pan: Aaati3921J) (Appellant) (Respondent) Assessee By: S/Shri Dinesh Gupta, Ca & Raja Kumar, Adv. Department By: Shri A.K. Saroha, Cit(Dr) Date Of Hearing : 28 .01.2016 Date Of Pronouncement: 26 :04.2016 Order Per I.C. Sudhir:The Appellant – Indian Education Society (The Society For Short) Has Preferred This Appeal Against The Cancellation Of Registration Under Section 12Aa Of The Income-Tax Act, 1961 By The Learned Cit On The Following Four Grounds: 1. On The Facts & In The Circumstances Of The Case & In Law, The Cit Erred In Holding That The Assessee Society Did Not Exist For Educational Purposes, Without Assigning Any Cogent Reasoning For This Conclusion; 2. On The Facts & In The Circumstances Of The Case & In Law, The Cit Erred In Ordering Cancellation Of The Assessee’S Registration Under Section 12-Aa Of The Income-Tax Act;

…TR 494(Raj.). 4.7 The Learned AR argued that it is an established principle that the cancellation of registration u/s 12AA of the Act has to await an assessment. He referred the decision in the case of Kalinga Institute of Industrial Technology v. CIT (2008) 23 SOT 74 (Cut). In the instant case the Commissioner has put the cart before the horse by cancelling the registration u/s 12AA of the Act even before any assessment was concluded. He has attempted to by prejudice the assessments themselves by so doing precipitately. 4.8 The Learned AR contended that under section 12AA review what is open to scrutiny is onl…