S.D. Singh, J. - (1.) Heard Sri Shubham Agrawal, learned counsel for the revenue and Sri Rahul Agrawal, Advocate and Ms. Archi Agrawal, learned counsel for the assessee.
(2.) This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act) has been filed by the revenue against the order of the Income Tax Appellate Tribunal, Agra Bench, Agra dated 11.01.2013. By that order, the Tribunal has set aside the order of the Commissioner of Income Tax-I, Agra dated 04.04.2012 passed under Section 12-AA (3) of the Act. The present appeal had been filed and admitted on the following questions of law: "(1) Whether provisions of Section 2(15) were amended by Finance Act, 2008 w.e.f. 01.04.2009 i.e. A.Y. 2009-10 because of which activities of Agra Development Authority, Agra falls outside the purview of "Charitable purpose". CCIT (OSD)/CIT-1, Agra cancelled exemption u/s 12A w.e.f. A.Y. 2009-10. Is Hon'ble ITAT, Agra justified in holding that the CCIT (OSD)/CIT-1, Agra's order in cancelling exemption from A.Y. 2009-10 is illegal and whether CIT can only cancel exemption w.e.f. 2011-12 as per section 12AA(3) when law itself was amended from A.Y. 2009-10? (2) Whether the ITAT, Agra's order quashing the order of CIT-1, Agra is justified when the Hon'ble ITAT has failed to consider the express provisions of Section 13(8) & Section 2(15) w.e.f. 1.4.2009 i.e. A.Y. 2009-10.? (3) Whether the ITAT, Agra's order is justified when the Hon'ble ITAT has not expressed any opinion or given any finding in respect of the written submissions filed before the Bench through the DR drawing attention to the amended provisions of section 2(15) and 13(8) of the Income Tax Act, 1961 w.e.f. 1.4.2009 i.e. A.Y. 2009-10.? (4) Whether Hon'ble ITAT, Agra's order is not perverse wherein it has failed to consider all the facts of the case and express provisions of law?
(3.) Upon the matter being taken up for hearing, we found the real controversy involved in this appeal would be better expressed if the questions of law arising in this appeal are reframed thus: 1. Whether, in exercise of power vested under section 12AA(3) of the Income Tax Act, 1961, the CIT could cancel the registration granted to the assessee w.e.f. A.Y. 2009-10, though power to cancel such registration (granted at any time under section 12A of that Act) was first enacted w.e.f. 1.6.2010? 2. Whether, even otherwise the ITAT Agra could have set aside the order passed under Section 12-AA(3) of the Act in entirety though admittedly the provision of Section 12-AA (3) of the Act (as applicable) was incorporated w.e.f. 01.06.2010 and notice under Section 12-AA(3) of the Act was first issued to the assessee much later on 06.03.2012?;