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2013 (6) TMI 253 - HC - Income TaxCharitable Activity - Section 2(15) - value specified in first and second proviso - Sale of blood - medical relief - recognition under section 80G(5) - held that:- the activity carried on by the respondent-trust is a charitable purpose. Further, the second proviso to section 2(15) of the Act specifies that the aggregated value of the receipts from the activities referred to there is Rs. 25,00,000 or less in the previous assessment years then the first proviso is not applicable. The receipts are less than the amount specified in the second proviso to section 2(15) of the Act. Secondly, the receipts are less than the expenditure incurred during the relevant assessment year. From any angle, it cannot be said that the respondent-trust is not covered under section 2(15) of the Act. - Decided in favor of assessee. No notice was issued by the Commissioner to the respondent calling upon them to show cause with regard to the violation committed by them to cancel the exemption certificate granted under section 80G. In the absence of any such notice, the Commissioner committed an illegality in cancelling the exemption certificate granted in favour of the respondent. - it cannot be said that the activity of the respondent-trust is not charitable purpose and on the other hand it was commercial. - Decided in favor of assessee.
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