TaxTMI 
TaxTMI 
2017 (11) TMI 1694
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....had certain consequential effects. The registration was subsequently restored by the Tribunal. From the materials which form part of records of this proceeding, we find that such registration was effected under Section 12A of the Income Tax Act, 1961. The assessee in all the three appeals is JIS Foundation. ITAT No. 209 of 2016 is the main appeal arising out of the order of Commissioner of Income Tax: Central- III passed on 22nd June 2010 cancelling registration of the assessee as a trust. That order was passed invoking Section 12AA (3) of the Income Tax Act, 1961 on the basis of certain materials discovered in course of search and seizure action followed by survey under the provisions of Sections 132 and 133A thereof. The issue involved in....
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....on (3) of Section 12 AA of the Act did not come into existence. This subsection was enacted with effect from 1st October 2004, with further amendment in the year 2010, to which we shall refer later in this judgment. 3. There are two applications for condonation of delay in filing appeals registered as ITAT No.209 of 2016 and ITAT No.265 of 2016. These are GA No.1445 of 2016 and GA No.1670 of 2016. We are satisfied with the causes shown by the Revenue for not preferring the appeals within the prescribed time in these two appeals. We allow these two applications and condone the delay in preferring the said two appeals. In connection with ITAT No. 209 of 2016, an application has been taken out by the Revenue for admission of the appeal and st....
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....e. His contention is that the assessee, who runs educational institutions was charging capitation fees from students in the garb of donation and the Commissioner was rightly satisfied that the activities of the trust were not genuine and were not being carried out in accordance with the objects of the trust. Mr. Khaitan on the other hand submits that on an identical question a Coordinate Bench in the case of ITAT No.141 of 2012 (C.I.T. Central- III, Kolkata Vs. Narula Educational Trust) declined to admit the appeal and he wants us to follow the same course. 6. The provisions of Section 12A of 1961 Act had been introduced by the Finance Act, 1972 with effect from 1st April, 1973. This section reads:- "12A. The provisions of section 11 and....
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.... registration of a Trust. Section 12 AA was inserted by the Finance Act (2) 1996 with effect from 1st April, 1997. This provision mainly deals with procedural aspects of registration of a trust under the 1961 Act. At the time of registration of the assessee in the year 2000, Section 12 AA did not have any provision for cancellation of registration. Sub-Section (3) of Section 12 AA was inserted by Finance No.2 Act 2004 with effect from 1st October, 2004. 8. The proceeding for cancellation of registration of the assessee-trust was initiated by issue of notices dated 16th and 30th December 2008, as it appears from the order of cancellation and the said registration was ultimately cancelled on 22nd June, 2010. The provision empowering cancella....
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....ration granted under clause (b) of sub-section (1) of section 12AA till before June 1, 2010. Of course, now with effect from June 1, 2010, the power vests with the Commissioner even to cancel the registration granted under any of the clauses of sub-section (1) of section 12A. In that view of interpretation, we are of the considered view that there was no power vested with the Commissioner to cancel or withdraw the registration granted to the assessee under section 12A(a) in the year 1974." 10. In preceding paragraphs, we have traced the origin and development of provisions of Section 12AA of the Act, with particular reference to sub-Section (3) thereof. When the cancellation proceeding was initiated by the revenue authorities, they had no ....