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2017 (1) TMI 446 - ITAT DELHIBenefits of exemption u/s. 11 denied - Withdrawal of registration granted to the assessee u/s. 12AA - CIT has recorded a finding that the assessee is operating like a commercial tour operator and there is no element of charitable activity involved in the assessee activities - Held that:- As decided in assessee's own case [2016 (12) TMI 1420 - ITAT DELHI] CIT(E) has not brought out any allegation to show that the receipt/income of the assessee's trust was not used for the educational purposes and the same was used for other purposes beyond the objectives of the applicant trust. CIT dismissed application of the assessee for grant of registration under section 12A of the Act by recording incorrect and irrelevant facts and circumstances and the assessee successfully established that it was created for the charitable purposes including education activity and it used its funds for the purpose of educational activities and therefore the applicant trust is eligible for registration under section 12A of the Act. - Decided in favour of assessee Disallowance of expenses on account of valuation of section 40A(3) - Held that:- CIT(A) has observed that the assessee has not filed any submission either before the AO or before the Ld. CIT(A) to explain the reasons for the infringement of section 40A(3), hence, the appeal on this ground was dismissed. In my considered opinion, this ground needs to be examined by the AO afresh, because no document was filed before him. Accordingly, the AO is directed to decide the issue in dispute afresh under the law, after giving adequate opportunity of being heard to the assessee. The Assessee is also directed to produce its submissions, evidences/ documents in support of its claim before the AO.
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