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2014 (3) TMI 769 - ITAT PUNEEntitlement for deduction u/s 11 of the Act - Deletion of addition of surplus taxed income – Held that:- Whether the CIT(A) was justified in deleting the addition on account of surplus taxed as income in the Assessment Year – Held that:- The assessee has obtained the certificate of registration u/s.12A as a Charitable Trust - The assessee trust has got the certificate of exemption u/s 80G - The registration granted u/s 12A is in force for the assessment year and the same has not been cancelled - merely because the application filed before the Chief Commissioner u/s 10(23C) was rejected the AO in our opinion cannot deny the benefit of deduction u/s 11 r.w.s. 12AA as long as the registration granted earlier to the trust u/s 12A is in force - there is no dispute to the fact that the assessee trust is imparting education, and the registration granted earlier u/s12A is continuing, and in force for the assessment year, and the assessee has also been granted exemption u/s.80G – thus, the AO is not justified in rejecting the claim of deduction u/s 11 of the Act – the order of the CIT(A) upheld and there is no reason to interfere in the findings of the CIT(A) – Decided against Revenue.
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