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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

Jains Greens Acres Flat Owners Association, Chennai vs. CIT (Exemptions), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 861/CHNY/2024[-]Status: DisposedITAT Chennai23 Aug 2024

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.861/Chny/2024 Jains Green Acres Flat Owners Vs. The Commissioner Of Income Association, No. 91, Jains Green Acres, Tax (Exemption), Aayakar Bhavan, - Dargha Road, Zamin Pallavaram, Annexe Building, No. 121, Mahatma Chennai 600 043. Gandhi Road, Nungambakkam, Chennai 600 034. [Pan: Aabtj1803F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shrenik Chordia, C.A. ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 14.08.2024 घोषणा की तारीख /Date Of Pronouncement : 23.08.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.01.2024 Passed By The Ld. Commissioner Of Income Tax, (Exemption), Chennai.

For Appellant: Shri Shrenik Chordia, C.AFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 12Section 12(1)(ac)Section 12ASection 12A(1)(ac)

amount arising out of bank interest, interest received on income tax refund and cable operator is bad in law as there was no cancellation of registration under section 12A of the Act. The facts in the above said case are different from the facts on hand. In the present case

M/S. Auro Lab Trust, Madurai vs. ITO, Madurai

In the result, all the appeals filed by the assessee are partly allowed

ITA 3075/CHNY/2019[2013-14]Status: DisposedITAT Chennai21 Aug 2024AY 2013-14

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita Nos.3073, 3074, 3075 & 3076/Chny/2019 िनधा(रण वष( /Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Aurolab Trust, The Income Tax Officer, No.1, Sivaganagai Main Road, Vs. Ward-Ii(4), Veerapanjan, Madurai. Madurai – 625 020. [Pan: Aaata 1142P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ+ की ओर से/ Appellant By : Shri K. Ravi, Advocate -.थ+ की ओर से /Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/Date Of Hearing : 12.08.2024 घोषणा की तारीख /Date Of Pronouncement : 21.08.2024 आदेश / O R D E R Per Jagadish, A.M : Aforesaid Four Appeals Filed By The Assessee For Assessment Years (Ays) 2011-12 To 2015-16 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-2, Madurai [Hereinafter “Cit(A)”] Dated 23.09.2019. 2. The Facts In All The Four Appeals Of The Assessee Are Identical & Common Grounds Have Been Raised In All The Appeals, All The Appeals Are Decided By The Common Order. For Brevity , We Shall Take Up The

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 11Section 12ASection 1I

that arguments made by the appellant were similar to those made before the Hon'ble ITAT in the appeal against the order of cancellation of registration of registration u/s. 12A of the Income Tax Act, 1961. The appellant had explained how the visionary had drafted the objects of the deed ... Income Tax erred in ignoring that the working model of the appellant was not appreciated by the Tribunal while dismissing the appeal against cancellation of registration u/s.12A of the Income Tax Act, 1961. 6. Generation of surplus alone, would not make an entity a business entity. Any Business is carried

M/S. Auro Lab Trust, Madurai vs. ITO, Madurai

ITA 3074/CHNY/2019[2012-13]Status: DisposedITAT Chennai21 Aug 2024AY 2012-13

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita Nos.3073, 3074, 3075 & 3076/Chny/2019 निर्धारण वर्ष / Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. Aurolab Trust, The Income Tax Officer, No.1, Sivaganagai Main Road, Vs. Ward-Ii(4), Veerapanjan, Madurai. Madurai - 625 020. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Shri K. Ravi, Advocate प्रत्यर्थी की ओर से / Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/Date Of Hearing : 12.08.2024 घोषण की तारीख / Date Of Pronouncement : 21.08.2024 आदेश / Order Per Jagadish, A.M : Aforesaid Four Appeals Filed By The Assessee For Assessment Years (Ays) 2011-12 To 2015-16 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-2, Madurai [Hereinafter “Cit(A)”] Dated 23.09.2019. 2. The Facts In All The Four Appeals Of The Assessee Are Identical & Common Grounds Have Been Raised In All The Appeals, All The Appeals Are Decided By The Common Order. For Brevity, We Shall Take Up The

For Appellant: Shri K. Ravi, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 11Section 12A

that arguments made by the appellant were similar to those made before the Hon'ble ITAT in the appeal against the order of cancellation of registration of registration u/s. 12A of the Income Tax Act, 1961. The appellant had explained how the visionary had drafted the objects of the deed ... Income Tax erred in ignoring that the working model of the appellant was not appreciated by the Tribunal while dismissing the appeal against cancellation of registration u/s.12A of the Income Tax Act, 1961. 6. Generation of surplus alone, would not make an entity a business entity. Any Business is carried

Saranaalayam Trust, Vellore vs. CIT Exemptions, Chennai

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 933/CHNY/2024[-]Status: DisposedITAT Chennai03 Jul 2024

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 933/Chny/2024 Commissioner Of Income Tax Saranaalayam Trust, V. (Exemptions), 124/K, Perumalpet, Chennai. Alangayam Cross Road, Vaniyambadi, Vellore – 635 751. [Pan:Aahts-3222-K] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. T.V. Muthuabirami, Advocate : Shri. V. Nandakumar, Cit ""यथ"क"ओरसे/Respondent By सुनवाईकीतारीख/Date Of Hearing : 24.06.2024 घोषणाकीतारीख/Date Of Pronouncement : 03.07.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. T.V. MuthuAbirami, Advocate
Section 12Section 12ASection 80G(5)(vi)

assessee is the Ld.CIT(Exemptions) has erred in passing the order U/s.12AB(1)(b)(ii)(B) by rejecting the approval and cancelling the registration of the assessee. :-2-: ITA. No:933/Chny/2024 3. Facts of the case : The assessee is charitable trust, filed an online application on 24/08/2023 in form No.10AB ... deed” and hence the application filed in Form 10AB, u/s.12(A)(1)(ac)(iii) of the Act, seeking registration U/s.12AB was ‘rejected and cancelled the registration’. Aggrieved by the rejection / cancellation order of Ld.CIT(Exemptions), dated 27.02.2024 in form No.10AD, the assessee is before us. 4. The Ld.Counsel