Section 12A(1)(ac) of the Income Tax Act
The decision most relied on for Section 12A(1)(ac) is Keshav Mills Co. Ltd. v. CIT (56 ITR 365), cited in 42 of the 378 judgments on BharatTax that turn on this section.
Leading authorities on Section 12A(1)(ac)
An appellate authority has the jurisdiction to admit additional evidence if it is necessary for a complete and effective adjudication of the matter.
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.
An appellate authority may admit additional evidence if it is crucial for rendering substantial justice and is necessary for a complete and effective adjudication of the appeal.
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 on Section 12A(1)(ac)
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