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TMI Blog2018 (4) TMI 885X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner, who shall necessarily consider all the relevant pleas and take a decision thereon after recording his satisfaction in terms of Section 12AA (3) and there is no reason for this Court at this stage to believe that he would not do so. It is not a case where the show cause notice has been issued by an incompetent authority without jurisdiction, which could persuade us to interfere in the mater at this stage. In this view of the matter, we decline to exercise our discretionary jurisdiction under Section 226 of the Constitution of India leaving it open for the petitioner to raise all relevant pleas before the concerned authority. - MISC. BENCH No. 7201 of 2018 - - - Dated:- 11-4-2018 - Hon'ble Prashant Kumar And Hon'ble Rajan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 12AA(3)/(4) of the Act, 1961 for cancellation of registration already granted on 28.07.2006. It is this show cause notice which has been challenged. The contention of Shri S.P. Gupta, learned Senior Counsel assisted by Ms. Pushpila Bisht, learned counsel appearing for the petitioner is that the show cause notice suffered from a jurisdictional error as it proposed to cancel the registration of the petitioner under Section 12AA(3) of the Act, 1961 w.e.f. 01.04.2007 which was impermissible, as, this could not be done retrospectively. Moreover, he submitted that the said provision required the Principal Commissioner to record his satisfaction that the activities of such trust or institution are not genuine or not being carried out in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice is not maintainable, as, the petitioner still has an opportunity to raise all the pleas before the Principal Commissioner, Income Tax, who shall necessarily consider the same and pass a final order wherein he would record his satisfaction as contemplated under Section 12AA (3), therefore, the writ petition is premature and not maintainable at this stage. Shri Mathur also informs that against the final order under Section 12AA (3)/(4) an appeal would lie before the Income Tax Appellate Tribunal. Heaving heard learned counsel for the parties and perused the records, we are of the view that the satisfaction contemplated in Section 12AA (3) of the Act, 1961 is to be recorded by the Principal Commissioner of the Income Tax at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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