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“cancellation of registration”

Charitable TrustsSection 12AB(4)Section 12AB(4)447 judgments

The decision most relied on for cancellation of registration is Ahmedabad Urban Development Authority v. ACIT (396 ITR 323), cited in 108 judgments on BharatTax.

Leading authorities on cancellation of registration

Ahmedabad Urban Development Authority v. ACIT
396 ITR 323 · 2017 · High Court
108
citing judgments

Development authorities can continue to be regarded as existing for a 'Charitable Purpose' under Section 2(15) of the Income Tax Act, even after the introduction of the proviso to that section. The contention that such authorities automatically lose their charitable status due to the proviso is incorrect.

CIT v. Lucknow Development Authority
265 CTR 433 · 2014 · High Court
52
citing judgments

Funds over which a Development Authority has no control, being used as per State Government directions, are not taxable in its hands. Registration under section 12A is also not conclusive, allowing revenue authorities to examine exemption claims under sections 11 to 13 and cancel registration under section 12AA(3).

CIT v. Batanagar Education
129 Taxmann.com 30 · 2021 · Supreme Court
39
citing judgments

Cancellation of registration under Sections 12AA and 80G of the Income-tax Act is justified when a trust misuses its status by returning substantial donations in cash to donors.

Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. v. CIT, Gwalior
403 ITR 1 · 2018 · Supreme Court
39
citing judgments

The power to cancel registration granted to a trust is not an implied power under the General Clauses Act and requires express legislative provision. An express power to cancel registration was introduced later via amendment.

Oxford Academy for Career Development v. Chief CIT
315 ITR 382 · 2009 · High Court
37
citing judgments

The Commissioner of Income Tax (CIT) has no power to cancel registration granted under Section 12A of the Income Tax Act retrospectively, especially when there is no express provision in the Act for such cancellation and the order is quasi-judicial in nature.

Welham Boys' School Society v. CBDT
285 ITR 74 · 2006 · High Court
36
citing judgments

An order passed by the CIT under Section 12A of the Income Tax Act is quasi-judicial. Until October 1, 2004, there was no express provision in the Act for the CIT to cancel a registration certificate once granted.

DIT (Exemptions) v. Mool Chand Khairati Ram Trust
339 ITR 622 · 2011 · High Court
31
citing judgments

The order of the Commissioner of Income Tax (CIT) passed under Section 12A of the Income Tax Act is quasi-judicial in nature. Prior to October 1, 2004, there was no express provision in the Act granting the CIT the power to cancel registration.

DIT (Exemption) v. Khar Gymkhana
385 ITR 162 · 2016 · High Court
27
citing judgments

The cancellation of registration under section 12AA(3) is limited to circumstances specified in the section. Income and application of funds issues are matters of assessment, not grounds for cancellation under section 12AA(3).

Judgments citing cancellation of registration

Swami Shankra Nand Dharmarth Trust, Barnala, Punjab vs. The CIT(Exemptions), Chandigarh

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 1582/CHANDI/2025[2026-2027]Status: DisposedITAT Chandigarh10 Mar 2026AY 2026-2027

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1582/Chd/2025 "नधा"रण वष" / Assessment Year : 2026-27 Swami Shankra Nand The Cit बनाम Dharmarth Trust, (Exemptions), Luxmi Kunj, B-Ii-151, Chandigarh Vs. Sadar Bazar, Barnala 148101 "थायी लेखा सं./Pan No: Aaats7240Q अपीलाथ"/Appellant ""यथ"/Respondent (Physical Hearing) "नधा"रती क" ओर से/Assessee By : Sh. Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Dr. Vivek Aggarwal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 10.03.2026 उदघोषणा क" तार"ख/Date Of Pronouncement : 10.03.2026 आदेश/Order Per Krinwant Sahay, Am: Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 12.11.2025 Passed By Ld. Commissioner Of Income Tax, Exemptions, Chandigarh 2. Grounds Of Appeal, As Raised By The Assessee Are Reproduced As Under:

For Appellant: Sh. Sudhir Sehgal, AdvocateFor Respondent: Dr. Vivek Aggarwal, CIT DR
Section 12ASection 12A(1)(ac)

grant of registration under section 12AB for Assessment Year 2027-28 and subsequent years. 2. Notwithstanding the above ground of appeal, the cancellation of registration of earlier period without giving any show cause notice is against the principles of natural justice and such finding deserved to be quashed. 3. During ... justice and fairness. The Ld. CIT(E) has also exceeded his jurisdiction by cancelling the exiting registration with retrospective effect and apart that, cancellation of registration of earlier period without giving any show cause notice to the Assessee is against the principles of natural justice and, as such

Ashok Bhansali, Siliguri vs. D.C.I.T., Circle - 1, Siliguri

In the result, appeal of the assessee is allowed

ITA 2644/KOL/2025[2018-2019]Status: DisposedITAT Kolkata26 Feb 2026AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.2644/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2018-2019) Ashok Bhansali, Vs Dcit, Circle-1, Siliguri New Darjeeling More, Shiv Nagar, Po : Pradhan Nagar, Siliguri-734003 Pan No. :Aevpb 6366 H (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri Soumitra Choudhury, Advocate रधजस्व की ओर से /Revenue By : Shri Santanu Ghosh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 21/01/2026 घोषणा की तारीख/Date Of Pronouncement : 26/02/2026

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Santanu Ghosh, Sr. DR
Section 133(6)Section 143(2)Section 148Section 148ASection 69C

suppliers (RTP) and also to consider as to whether the transactions and purchases were made before or after the cancellation of registration of the suppliers and also consider as to compliance of statutory obligation by the petitioners in verification of identity of the suppliers (RTP). If it is found upon ... that all the purchases and transactions in question are genuine and supported by valid documents and transactions in question were made before the cancellation of registration of those suppliers and after taking into consideration the judgments of the Supreme Court and various High Courts which have been referred in this