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2015 (1) TMI 1401 - ITAT KOLKATAExemption u/s. 11 denied - assessee has received capitation fee on behalf of students and the registration under 12AA(3) has already been cancelled by CIT, Central-III, Kolkata - Held that:- Registration can be cancelled only in those cases where the registration has been granted under sub-sec. (ib) of sec. 12AA of the Act. This section nowhere empowers the Id CIT. to cancel or withdraw the registration granted u/s. 12A of the Act. In the absence of such express power, in our opinion, the registration granted u/s. 12A of the Act cannot be cancelled by invoking provisions of Sec. 22AA(3) of the Act. Identical issue was considered by the Hon'ble Delhi High Court in the case of DIT (Exemption) vs. Mool Chand Khairati Ram Trust [2011 (4) TMI 563 - DELHI HIGH COURT]. CIT(A) has denied exemption u/s. 11 of the Act on the entire premise that the registration u/s. 12AA(3) of the Act has been cancelled but the same has been restored by the Tribunal. There is no other reason for denying exemption in the orders of the lower authorities. - Decided in favour of assessee.
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