Trust registration cannot be cancelled by applying provisions of section 12AB(4)(ii) retrospectively
Case Law Details
Case Name : Amala Jyothi Vidya Kendra Trust Vs PCIT (ITAT Bangalore)
Appeal Number : ITA No.141/Bang/2024
Date of Judgement/Order : 16/04/2024
Related Assessment Year : 2018-19
Courts :
All ITAT ITAT Bangalore
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Amala Jyothi Vidya Kendra Trust Vs PCIT (ITAT Bangalore)
Amala Jyothi Vidya Kendra Trust and M/s. Adarsha Vidya Kendra Trust have jointly appealed against two orders issued by the Principal Commissioner of Income Tax (PCIT) on 29.12.2023 under section 12AB(4)(ii) of the Income-tax Act, 1961. Both trusts raised several grounds of appeal regarding the cancellation of their registration under sections 12AA and 12AB of the Act. These grounds primarily revolve around the retrospective application of the relevant provisions and the procedural aspects of the assessment.
The key contentions raised by the appellants include:
- Retrospective Application of Provisions: The trusts argue that the PCIT erred in applying the provisions introduced by the Finance Act, 2022, retrospectively to the assessment year 2018-19. They contend that the law applicable for penalizing should be the one in force during the year of the offense, citing legal precedents to support their argument.
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