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1 - 5 of 5 (0.47 seconds)Section 12 in The Income Tax Act, 1961 [Entire Act]
The Finance Act, 2018
M/S New Noble Educational Society vs The Chief Commissioner Of Income Tax 1 on 19 October, 2022
respondent
Assessee under Section 12-A
12 A of the Act vide order dated 20.06.2012,, while
the Commissioner of Income Tax, Chandigarh, conferred with powers under
Section 12AA(3) of the Act,
Act, which came into force w.e.f. 01.06.2010 and
therefore, the said powers
power have been exercised retrospectively which could not
1 of 3
::: Downloaded on - 31-08-2024 01:11:03 :::
Neutral Citation No:=2024:PHHC:104201-DB
ITA-166-2016
2016(O&M)
Page 2 of 3
have been done in view of the judgment dated 08.05.2024 passed by this
Court in ITA-21-2011
ITA titled as The Commissioner of Income Tax, Patiala
Vs. Young Scholar's Educational Society, Ba
Barnala whereby the similar issue
as raised by the appellant/revenue
appellant stands finally adjudicated by this Court after
relying on the judgements passed in the case of New Noble Educational
Society vs Chief Commissioner of Income-Tax
Income Tax and another
another; (2022) 448 ITR
594 and Pinegrove International Chairtable Trust Vs Union of India and
others (2010) 327 ITR (P&H)holding
(P&H) that the powers available to the
authorities to cancel the registration granted under Section 12A
12AA(3)of
A(3)of the Act
was only prospective and could not be applied retrospectively
retrospectively. The relevant
extract the order is reproduced as under:-
Pinegrove International Charitable ... vs Union Of India And Others on 29 January, 2010
respondent
Assessee under Section 12-A
12 A of the Act vide order dated 20.06.2012,, while
the Commissioner of Income Tax, Chandigarh, conferred with powers under
Section 12AA(3) of the Act,
Act, which came into force w.e.f. 01.06.2010 and
therefore, the said powers
power have been exercised retrospectively which could not
1 of 3
::: Downloaded on - 31-08-2024 01:11:03 :::
Neutral Citation No:=2024:PHHC:104201-DB
ITA-166-2016
2016(O&M)
Page 2 of 3
have been done in view of the judgment dated 08.05.2024 passed by this
Court in ITA-21-2011
ITA titled as The Commissioner of Income Tax, Patiala
Vs. Young Scholar's Educational Society, Ba
Barnala whereby the similar issue
as raised by the appellant/revenue
appellant stands finally adjudicated by this Court after
relying on the judgements passed in the case of New Noble Educational
Society vs Chief Commissioner of Income-Tax
Income Tax and another
another; (2022) 448 ITR
594 and Pinegrove International Chairtable Trust Vs Union of India and
others (2010) 327 ITR (P&H)holding
(P&H) that the powers available to the
authorities to cancel the registration granted under Section 12A
12AA(3)of
A(3)of the Act
was only prospective and could not be applied retrospectively
retrospectively. The relevant
extract the order is reproduced as under:-
1