2016 (10) TMI 1402

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.... For the Appellant : Mr. Vinay Kuthiala, Senior Advocate, with Ms. Vandana Kuthiala, Advocate For the Respondent : Mr. Ajay Vaidya, Advocate ORDER SANJAY KAROL, J. (ORAL) Himachal Pradesh Road Transport Corporation, Shimla, a Public Sector Undertaking, applied for registration as a Charitable Institution, under the provisions of Section 12AA of the Income Tax Act, 1961 (hereinafter ref....

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....rded under the Act. 3. In exercise of such power, the Commissioner of Income Tax, Shimla, issued show cause notice dated 24.11.2008 and pursuant thereto, vide order dated 9.1.2009 (Annexure P-2) cancelled the registration of the assessee under the provisions of Section 12AA (3) of the Act. 4. The said order came to be assailed by the assessee before the Income Tax Appellate Tribunal and the ....

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.... 7 of the finance act of 2010?" 6. During the course of hearing our specific attention is invited to the Circular No. 21/2016, dated 27.5.2016, issued by the appropriate authority, inter alia, clarifying as under:- "4. In view of the aforesaid position, it is clarified that it shall not be mandatory to cancel the registration already granted u/s 12AA to a charitable institution merely ....

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....iable to tax on accreted income. The cancellation of registration without justifiable reasons may, therefore, cause additional hardship to an assessee institution due to attraction of tax-liability on accreted income. The field authorities are, therefore, advised not to cancel the registration of a charitable institution granted u/s 12AA just because the proviso to section 2(15) comes into play. T....