Amala Jyothi Vidya Kendra Trust. v. PCIT (2024) 204 ITD 605 /227 TTJ 209 (Bang) (Trib.)

S. 12AB: Procedure for fresh registration-Cancellation of registration-Provisions of section 12AB(4)(ii), which had been introduced by Finance Act, 2022 with effect from 1-4-2022 could not be invoked for cancellation of registration with retrospective effect from assessment year 2021-22.[S. 12A, 12AA, 12AB(4)(ii), 132]

Assessee-trusts were registered under section 12AA/12A.  During course of search proceedings, Principal Commissioner cancelled registration granted to assessees under section 12AA/12AB with effect from previous assessment year 2020-21 and that of subsequent years as per provisions of section 12AB(4)(ii) of the Act. On appeal the Tribunal held that  in income-tax matters, law to be applied is law in force in assessment year unless otherwise stated or implied. Without a specific mention of amended provisions to operate retrospectively, no cancellation for earlier years could be made. Therefore, invoking provisions of section 12AB(4)(ii), which had been introduced by Finance Act, 2022 with effect from 1-4-2022 for cancellation of registration with retrospective effect from relevant assessment year 2021-22, was bad in law as it was not explicitly provided in amended provisions to operate retrospectively. Thus, cancellation of registration granted to assessee-trusts is quashed. (AY. 2021-22)

Leave a Reply

Your email address will not be published. Required fields are marked *

*