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The HC set aside the Appellate Tribunal's order and remanded the appeals for fresh consideration. The court held that Section 12AA independently empowers the Principal Commissioner to cancel registration granted under Section 12A of the Income Tax Act without requiring prior determination by the Assessing Authority. The Tribunal erroneously assumed that determination of relevant facts by an Assessing Officer was a prerequisite for the Principal Commissioner to exercise powers under Section 12AA. The statutory provisions do not support this interpretation, nor do they suggest that the Principal Commissioner's determination would bind the Assessing Officer's independent assessment. The questions of law were answered in favor of the department.
The HC set aside the Appellate Tribunal's order and remanded the appeals for fresh consideration. The court held that Section 12AA independently empowers the Principal Commissioner to cancel registration granted under Section 12A of the Income Tax Act without requiring prior determination by the Assessing Authority. The Tribunal erroneously assumed that determination of relevant facts by an Assessing Officer was a prerequisite for the Principal Commissioner to exercise powers under Section 12AA. The statutory provisions do not support this interpretation, nor do they suggest that the Principal Commissioner's determination would bind the Assessing Officer's independent assessment. The questions of law were answered in favor of the department.
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