Section 12A(1)(ac)(ii) — the law in short
What the courts have decided on section 12A(1)(ac)(ii), in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Pavai Varam Educational Trust v PCIT (Central), Chennai
ITATHelps taxpayerValidity unconfirmed
The PCIT cancelled my registration under s.12AB(4) for a specified violation resting entirely on an addition made in assessment. The Tribunal has since deleted that addition. Does the cancellation survive?
No. Where the order under s.12AB(4) is founded entirely on the outcome of another proceeding, its fate depends on the sustainability of that foundational finding; once the Tribunal reversed the quantum findings on which the alleged specified violation rested, the cancellation could not survive independently. The Tribunal set aside the cancellation and directed restoration of the registration.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.