9911796707
TMI Blog2012 (3) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 12AA was granted w.e.f. 01.04.2003. Subsequently a notice for withdrawal of registration w.e.f. Assessment Year 2009-10 was issued under section 12AA(3) read with section 293C of the Act. The CIT on the basis of the said notice under section 12AA(3) read with section 293C of the Act withdrawn the registration w.e.f. Assessment Year 2009-10 on the ground that the case of the assessee is hit by proviso to section 2(15) inserted by Finance Act, 2008 and the activities of the assessee are not for charitable purpose. 4. At the outset, the Ld. Authorised Representative of the assessee submitted that the issue is covered by the order of I.T.A.T. Agra Bench in the case of Agra Development Authority, ITA No.447/Agr/2011 order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been granted registration under clause (b) of sub-section (1) thereof and subsequently the CIT is satisfied that the activities of the trust were not genuine or they were being carried out not in accordance with the objects of the trust, he shall pass an order in writing cancelling the registration of the trust. Sub-section (3) of section 12AA was inserted by the Finance (No.2) Act, 2004, with effect from 01.10.2004. This sub-section, as it was originally inserted, is not applicable to the present case because herein the assessee-trust was not granted registration under clause (b) of sub-section (1) of section 12AA of the Act. It was granted registration under section 12A(a) of the Act by order dated 22.02.2002. It was however pointed out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income-tax Act specifically contain provisions for withdrawal of approval but in many cases there is no such specific provisions containing power of withdrawal. 57.2 In order to provide such explicit provisions for power to withdraw approval, a new section 293C has been inserted to provide that the Central Government or the Board or an Income-tax authority, who has authority to grant approval, shall also have the power to withdraw the approval at any time. However, such withdrawal can be made only after giving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned assessee. 57.3 Applicability This amendment has been made applicable with effect from 1st October, 2009, and will accordingly apply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resentative drew our attention on the show-cause notice of which copy has been placed at page nos.5 to 10 of the assessee s Paper Book and submitted that the CIT issued show cause notice under section 293C of the Act. Thus, the CIT issued show-cause notice under section 293C of the Act. On identical set of facts, the I.T.A.T., Mumbai Benches in the case of Brahman Sabha Trust (Supra) has held that the order of CIT is without jurisdiction. We respectfully follow the above order of I.T.A.T. Mumbai Benches. In the light of the facts, we uphold the preliminary objection raised by the Ld. Authorised Representative and annul the impugned order which is passed without jurisdiction. Since the issue is decided in favour of the assessee on preliminar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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