The Income Tax Act, 1961
Section 12AA(3) r/w
The General Clauses Act
Section 21
The CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till– High Courts after examining the issue, in the light of the object of Section 12A of the Act and Section 21 of the General Clauses Act held that the order of the CIT passed under Section 12A is quasi judicial in nature. Second, there was no express provision in the Act vesting the CIT with power of cancellation of registration till 01.10.2004; and lastly, Section 21of the General Clauses Act has no application to the order passed by the CIT under Section 12A because the order is quasi judicial in nature and it is for all these reasons the CIT had no jurisdiction to cancel the registration certificate once granted by him under Section 12A till the power was expressly conferred on the CIT by Section 12AA(3) of the Act w.e.f. 01.10.2004. .....Industrial Infrastructure Development Corporation (Gwalior) Ltd.=VS= Commi-ssioner of Income Tax, Gwalior, [4 LM (SC) 33] ....View Full Judgment