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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

DCIT, Central Circle-27, New Delhi vs. Gian Sagar Educational & Charitable Trust, Chandigarh

In the result, the appeal of the Revenue is dismissed

ITA 954/DEL/2021[2016-17]Status: DisposedITAT Delhi10 May 2023AY 2016-17

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2016-17 Dcit, Vs Gian Sagar Educational & Central Circle-27, Charitable Trust, New Delhi. Ram Nagar, Banur, Patiala, Punjab – 140 601. Pan: Aaatg5827B (Applicant) (Respondent) Assessee By : Shri Ravi Pratap Mall, Advocate Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 03.05.2023 Date Of Pronouncement : 10.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.954/Del/2021 For Ay 2016-17 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-29, New Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Appeal No.187/2018-19 Dated 17.02.2021 Against The Order Of Assessment Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 28.12.2018 By The Ld. Assessing Officer, Central Circle 27, Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Revenue Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Ravi Pratap Mall, AdvocateFor Respondent: Shri Anuj Garg, Sr. DR
Section 11Section 11(1)(a)Section 12ASection 143(3)Section 40A(3)Section 80G

hence, the same was also disallowed u/s 40A(3) of the Act. 2 5. The assessee submitted that against the cancellation of registration u/s 12AA of the Act by the ld. Pr. Commissioner of Income-tax, it preferred an appeal before this Tribunal and this Tribunal, by its order