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2014 (4) TMI 102 - AT - Income TaxCharitable purpose u/s 2(15) - Withdrawing/cancelling registration u/s.12A – Whether registration u/s.12A/12AA of Act could be cancelled or withdrawn u/s.12AA(3) - whether an object/s which is not, or better, can no longer be regarded as, charitable, in view of the amended law, would yet entitle an entity for the continuation of its registration, or not so, under the Act - Held that:- Both the assessee and the Revenue have made their contrary claims de hors and without any reference to any material on record. In fact, for all we may know, there may well be truth in both the statements, so that both of them are true, albeit partly. What we are concerned here with, we may clarify, is not the legal aspect of the matter, but of the applicability of section 12AA(3), invoked by the Revenue, on the facts of the case. Issue of applicability or otherwise of section 12AA(3) in instant case being factually indeterminate - Consider it fit and proper in facts and circumstances of case to restore this matter back to ld. DIT(E) for allowing assessee a reasonable opportunity to present its case - Ld. DIT(E), though not restricted to facts and figures for particular year, shall restrict his inquiry to factual aspect of case, i.e., qua satisfaction of condition/s of section 12AA(3) on facts - Assessee’s case would require being examined by tribunal thereon only if same survives an examination on facts, i.e., satisfies test of s. 12AA(3) on facts – Matter remanded back - Decided in favor of Assessee.
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