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2017 (3) TMI 1793 - ITAT AHMEDABADRefusal of registration sought u/s 12AA of the Income Tax Act, 1961 - general public utility - HELD THAT:- Learned Departmental Representative invites our attention to another coordinate bench decision in Panoli Industrial Infrastructure Projects Ltd. vs. CIT [2016 (10) TMI 363 - ITAT AHMEDABAD] denying Section 12AA registration on the very analogy that the real benefits of the charitable activity in question were intended for the benefit of members only. The assessee’s object clauses which form the foundation of Section 12AA registration claim are not on a similar footing as facts of the instant case wherein there is clear cut stipulation that assessee’s income before or after dissolution would in no manner devolve upon its member. It is accordingly concluded that the assessee’s principal object seeking to promote and develop, plan, survey, design , study, conceive, evaluate and to carry out all steps, process, techniques and method for setting and developing up of all types of infrastructure facilities comes well within general public utility limb of Section 2(15) of the Act. Learned DIT(E), Ahmedabad is directed to grant it Section 12AA registration in question - appeal of asssessee allowed.
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