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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

Dy. Commissioner of Income Tax (Exemptions), Circle, Pune, Swargate vs. Shri Mukund Bhavan Trust, Pune

In the result, the appeal of the Revenue is dismissed

ITA 829/PUN/2025[2017-2018]Status: DisposedITAT Pune08 Oct 2025AY 2017-2018

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.829 & 827/Pun/2025 धििाारण वर्ा / Assessment Years : 2017-18 & 2018-19 Dy. Commissioner Of Shri Mukund Bhavan Trust, Income Tax (Exemptions), 1105, Ravivar Peth, Pune-411002 Cirlce – Pune Vs. Pan : Aaats5170R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assesseeby : Shri V.L. Jain Department By : Shri Amol Khairnar Date Of Hearing : 24-07-2025 Date Of 08-10-2025 Pronouncement :

For Appellant: Shri V.L. JainFor Respondent: Shri Amol Khairnar
Section 11Section 12ASection 13Section 13(1)Section 13(1)(c)Section 13(2)(b)Section 13(3)Section 143(2)Section 3

that, the Ld. CIT(Exemptions), Pune had cancelled the assessee's registration u/s. 12AB(4) of the Act vide order dated 30.06.2024. The cancellation of registration clearly establishes that the trust did not qualify as a public charitable trust. 4. The appellant craves leave to add, alter or amend ... been brought to our attention that the Ld. CIT(Exemption) vide his order dated 30.06.2024 passed u/s 12AB(4) of the Act cancelled the registration u/s 12A against which the assessee filed an appeal before the Co-ordinate Bench of the Pune Tribunal in ITA No. 1552/PUN/2024 (supra

Dy. Commissioner of Income Tax (Exemptions), Circle, Pune, Swargate vs. Shri Mukund Bhavan Trust, Pune

In the result, the appeal of the Revenue is dismissed

ITA 827/PUN/2025[2018-2019]Status: DisposedITAT Pune08 Oct 2025AY 2018-2019

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.829 & 827/Pun/2025 धििाारण वर्ा / Assessment Years : 2017-18 & 2018-19 Dy. Commissioner Of Shri Mukund Bhavan Trust, Income Tax (Exemptions), 1105, Ravivar Peth, Pune-411002 Cirlce – Pune Vs. Pan : Aaats5170R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assesseeby : Shri V.L. Jain Department By : Shri Amol Khairnar Date Of Hearing : 24-07-2025 Date Of 08-10-2025 Pronouncement :

For Appellant: Shri V.L. JainFor Respondent: Shri Amol Khairnar
Section 11Section 12ASection 13Section 13(1)Section 13(1)(c)Section 13(2)(b)Section 13(3)Section 143(2)Section 3

that, the Ld. CIT(Exemptions), Pune had cancelled the assessee's registration u/s. 12AB(4) of the Act vide order dated 30.06.2024. The cancellation of registration clearly establishes that the trust did not qualify as a public charitable trust. 4. The appellant craves leave to add, alter or amend ... been brought to our attention that the Ld. CIT(Exemption) vide his order dated 30.06.2024 passed u/s 12AB(4) of the Act cancelled the registration u/s 12A against which the assessee filed an appeal before the Co-ordinate Bench of the Pune Tribunal in ITA No. 1552/PUN/2024 (supra

Punjab Heritage & Tourism Promotion Board, Chandigarh vs. CIT Exemptions, Chandigarh

The appeal stand allowed in terms of our above order

ITA 1126/CHANDI/2024[2024-25]Status: DisposedITAT Chandigarh07 Oct 2025AY 2024-25

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1126/Chandi/2024 Punjab Heritage & Tourism Promotion Board Cit (Exemptions) C/O Rajiv Goel & Associates बनाम/ Aaykar Bhawan. Sco 823-824,Sector 22-A Sector 17-E Vs. Chandigarh-160022. Chandigarh-160017 "ायीलेखासं./जीआइआरसं./Pan/Gir No.Aaatp-6562-G (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Dhruv Goel (Ca) -Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Kusum Bansal (Cit) (Virtual) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 07/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aggrieved By Cancellation Of Registrations U/S 12A As Well As U/S 12A(1)(Ac)(I) Vide Order Dated 04-11-2024 Of Ld. Commissioner Of Income Tax (Exemption), Chandigarh, [Cit(E)], The Assessee Is In Further Appeal Before Us With Following Grounds Of Appeal: - 1. That The Learned Cit(E) Has Erred In Law & On Facts In Initiating Proceedings For Cancellation Of Registration U/S 12A & Observing That Assessee Had Committed A Specified Violation As Defined In Section 12Ab(4)(Ii). 2. That The Learned Cit(E) Has Erred In Law & On Facts In Cancelling The Registration U/S 12A Of The Assessee As Per Provisions Of Section 12Ab(4)(Ii) Of The Act. 3. That The Learned C1T(E) Has Erred In Law & On Facts In Cancelling The Registration U/S 12A With Retrospective Effect From Ay 2010-11 Onwards.

For Appellant: Shri Dhruv Goel (CA) -Ld. ARFor Respondent: Smt. Kusum Bansal (CIT) (Virtual) – Ld. DR
Section 12ASection 12A(1)(ac)Section 148ASection 2(15)

Hearing : 17-09-2025 घोषणाकीतारीख /Date of Pronouncement : 07/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by cancellation of registrations u/s 12A as well as u/s 12A(1)(ac)(i) vide order dated 04-11-2024 of Ld. Commissioner of Income Tax (Exemption), Chandigarh ... with following grounds of appeal: - 1. That the learned CIT(E) has erred in law and on facts in initiating proceedings for cancellation of registration u/s 12A and observing that assessee had committed a specified violation as defined in section 12AB(4)(ii). 2. That the learned

Aryans Educational and Charitable Trust Regd, Mohali vs. Commissioner of Income Tax, Exemptions, Chandigarh

In the result, appeal is allowed

ITA 1136/CHANDI/2024[2025-26]Status: DisposedITAT Chandigarh24 Sept 2025AY 2025-26

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1136/Chd/2024 "नधा"रण वष" / Assessment Year: 2025-26 Aryans Educational & The Cit (Exemptions), Charitable Trust, Regd.Mohali Vs Chandigarh, C/O Shri Tej Mohan Singh, Advocate, # 527, Sector 10-D, Chandigarh. "थायी लेखा सं./Pan No: Aabta7550L अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Tej Mohan Singh, Advocate Revenue By : Shri Manav Bansal, Cit Dr Date Of Hearing : 07.08.2025 Date Of Pronouncement : 24.09.2025

For Appellant: Shri Tej Mohan Singh, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 11Section 12ASection 12A(1)(ac)Section 13(1)(c)Section 13(1)(ii)Section 13(3)

concept of equity, which aims to uphold fairness and justice in legal proceedings. The issue being raised now on the basis of which Cancellation of Registration proceedings have been initiated pertains to a period going back almost 10 years. The proposed action is being taken only when it has been ... accordant t with the objects of the trust or institution, as the case may be, he shall pass an ordain writing cancelling the registration of such trust or institution Provided that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable

Rohilkhand Educational Charitable Trust, Bareilly vs. DCIT, Central Circle, Bareilly

In the result, both appeals of the assessee in ITA No

ITA 181/LKW/2024[2017-18]Status: DisposedITAT Lucknow22 Sept 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. S.H. Usmani, CIT DR
Section 11Section 11(1)Section 11(2)Section 12ASection 13(3)Section 143(3)Section 250Section 80GSection 80G(5)

exemption under section 11 of the Act has been disallowed despite the assessee having been engaged in the education activities, duly and cancellation of registration under section 12A of the Act is subjudice. (iii) That the above exemption has been denied invoking the provisions of section ... which were also reopened by issue of notice under section 148 on account of the cancellation of registration under section 12A, the assessments had been completed at nil income after allowing the benefit of section 11, on account of the restoration of registration under section 12A of the Act through

Zls Foundation, Pune vs. The Commissioner of Income-Tax (Exemption), Pune

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

ITA 1939/PUN/2025[2024-25]Status: DisposedITAT Pune22 Sept 2025AY 2024-25

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1939/Pun/2025 Zls Foundation, Vs. Cit, Exemption, Pune. Building No.16/328, Mira Housing Society, 39, Shankar Seth Road, Pune- 411009. Pan : Aabcz4225E Appellant Respondent Assessee By : Shri Nikhil Mutha Revenue By : Shri Amit Bobde Date Of Hearing : 16.09.2025 Date Of Pronouncement : 22.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.09.2024 Passed By Ld. Cit, Exemption, Pune Rejecting The Application For Registration U/S 12Ab Of The It Act. 2. There Is Delay Of 257 Days In Filing Of The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay Of 257 Days & Proceed To Adjudicate The Appeal.

For Appellant: Shri Nikhil MuthaFor Respondent: Shri Amit Bobde
Section 12ASection 12A(1)(ac)

income for the benefit of any particular religious community or cast & not for the benefit of public, is treated as specified violation, attracting cancellation of registration u/s 12AB of the IT Act. Accordingly, Ld. DR requested before the bench to confirm the order passed by Ld. CIT, Exemption, Pune