Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Cancellation of registration u/s 12AB(4) - violation of provisions of Sections 11(1)(a), 11(1)(d), and 13(1)(c). The reference made under the second proviso of Section 143(3) to the Principal Commissioner of Income Tax (PCIT) to whom the Assessing Officer was subordinate is not permissible. The Commissioner of Income Tax (Exemption), Delhi, having territorial jurisdiction specified in the relevant notifications, is the appropriate authority for claiming exemption u/s 12A. The order passed by the PCIT cancelling the appellant society's registration based on the Assessing Officer's reference is flawed and without jurisdiction. The reference u/s 12AA can be made only during the pendency of the assessment proceedings, not after conclusion. The second proviso to Section 143(3), enabling reference to the PCIT u/ss 12AA and 12AB, was inserted effective April 1, 2022, and cannot be applied retrospectively. The show cause notices issued by the PCIT invoking Sections 12AA(5) and 12AB(4) for cancellation of registration for alleged violations prior to April 1, 2022, are erroneous and liable to be quashed. The final order by the PCIT cancelling the appellant society's registration for Assessment Years 2015.
Cancellation of registration u/s 12AB(4) - violation of provisions of Sections 11(1)(a), 11(1)(d), and 13(1)(c). The reference made under the second proviso of Section 143(3) to the Principal Commissioner of Income Tax (PCIT) to whom the Assessing Officer was subordinate is not permissible. The Commissioner of Income Tax (Exemption), Delhi, having territorial jurisdiction specified in the relevant notifications, is the appropriate authority for claiming exemption u/s 12A. The order passed by the PCIT cancelling the appellant society's registration based on the Assessing Officer's reference is flawed and without jurisdiction. The reference u/s 12AA can be made only during the pendency of the assessment proceedings, not after conclusion. The second proviso to Section 143(3), enabling reference to the PCIT u/ss 12AA and 12AB, was inserted effective April 1, 2022, and cannot be applied retrospectively. The show cause notices issued by the PCIT invoking Sections 12AA(5) and 12AB(4) for cancellation of registration for alleged violations prior to April 1, 2022, are erroneous and liable to be quashed. The final order by the PCIT cancelling the appellant society's registration for Assessment Years 2015.
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