Maharashtra Academy of Engineering Education Research v. CIT

133 TTJ 706Income Tax Appellate Tribunal2010#6518 most cited

What is Maharashtra Academy of Engineering Education Research v. CIT authority for?

The Commissioner of Income Tax (CIT) does not have the jurisdiction to cancel the registration of a trust under Section 12AA(3) solely based on information about wrongful means of earning fees, if there is no evidence of misutilisation of funds and the trust continues to carry on its prescribed activities.

17

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2025.

Also referred to as

Maharashtra Academy of Engineering Education Research v. CIT · 133 TTJ 706 · ITAT · cancellation of registration · section 12AA(3) · jurisdiction to cancel registration · misutilisation of funds · genuine activities

Issues it is cited on

Judgments citing Maharashtra Academy of Engineering Education Research v. CIT

M/S. Rajasthan Vikas Sansthan, Jodhpur vs. CIT(E), Jaipur

ITA 44/JODH/2020[2019-20]Status: DisposedITAT Jodhpur01 Feb 2021AY 2019-20

Bench: Shri Sandeep Gosain & Shri Manoj Kumar Aggarwalm/S Rajasthan Vikas Sansthan, Vs. C.I.T.(E) Teesra Prahsar Bhawan, 1St A Jaipur. Road, Sardarpura, Jodhpur. Pan No. Aaatr 3975 P Assessee By Shri P.C. Parwal (Ca) Revenue By Shri K.C. Badhok, Cit-Dr Date Of Hearing 04.11.2020 Date Of Pronouncement 01/02/2021 O R D E R Per: Bench This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(E), Jaipur Dated 03/01/2020 Passed U/S 12Aa(3) Of The Income Tax Act, 1961 (In Short, The Act). In This Appeal, The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Cit(E) Has Erred On Facts & In Law In Cancelling The Registration Granted To The Assessee U/S 12Aa Of The Income Tax Act, 1961 By Incorrectly Holding That Funds Of The Trust Has Been Diverted For Purchase Of Personal Property Of The Trustees & In Form Of Highly Unreasonable Security Deposits Given To The Trustees Without Charging Interest, Thereby Violating The Provisions Of Section 13(1)(C)(Ii) R.W.S. 13(2)(A) & 13(2)(G) 1.1 The Ld. Cit(E) Has Erred On Facts & In Law In Cancelling The Registration Granted U/S 12Aa Of The Income Tax Act, 1961 By Not Considering The Decision Of Hon’Ble Itat In Assessee’S Own Case Whereby Vide Order Dated 16/12/2011 In Ita No. 11/Jodh/2011 It Was Held That It Case The Trust Fails To Comply With The Requirements As Mentioned In Section 11 & 13 Of The Act, Then Exemption Can Be Denied But Registration Cannot Be Cancelled.

Section 10Section 11Section 12ASection 13(1)(c)

…hat registration is to be disallowed. The ground on which the registration cannot be refused, cannot be considered as a ground for cancelling the registration. The ITAT Pune Bench in the case of Maharashtra Academy of Engineering & Educational Research vs CIT 133 TTJ 706 had an occasion to consider the issue of cancellation of registration where it was alleged that the society was receiving donations and capitation fees for admission. It was held in that case that ld. CIT has to consider the genuineness of the activities of the Trust and not to consider the source of income. The profit earning and misuse of the i…

Maharashtra Academy of Engineering Education Research v. CIT (133 TTJ 706) — Cited in 17 Judgments | BharatTax