Assessee-trusts is 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 2017-18 and that of subsequent years as per provisions of section 12AB(4)(ii). 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.Therefore without a specific mention of amended provisions to operate retrospectively, no cancellation for earlier years could be made. Accordingly invoking of 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 2018-19, is bad in law as it was not explicitly provided in amended provisions to operate retrospectively. Cancellation of registration granted to assessee-trust is quashed. (AY. 2018-19)
Amala Jyothi Vidya Kendra Trust. v. PCIT (2024) 206 ITD 601 (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 2018-19 [S. 12A]