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2010 (9) TMI 1099 - AT - Income TaxExemption u/s 11 - Registration u/s.12AA denied - HELD THAT:- The only ground available with the CIT to cancel the registration is to either establish that the activities of the trust or institution are not genuine or that the same are not being carried out in accordance with the objects of the trust or institution, as the case may be. In our considered opinion, the CIT is bound to function strictly in accordance with the provisions of the Act. Therefore, we find the action of the CIT on this aspect, as beyond jurisdiction in terms of s. 12AA(3). On this aspect, we may also notice that it is not the case of the CIT that the registration granted earlier was on the basis of any fraud or misrepresentation on the part of the assessee. Therefore, the said objection taken by the CIT is liable to be ignored without going into the merits of the same. In the result, in the absence of any other objection raised by the CIT, and in terms of our aforesaid discussion, the order of the CIT is unsustainable. We hold so. In the final analysis, we set aside the impugned order and the registration granted to the assessee, in terms of its application dt. 9th June, 2008, is hereby restored. Resultantly, the appeal of the assessee is allowed.
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