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2010 (8) TMI 757 - AT - Income TaxExemption u/s 11 - Withdrawing registration granted earlier u/s 012A -. HELD THAT:- In the instant case, it is not the case of the CIT that the activities of the assessee society are not genuine or are not being carried out in accordance with the objects of the society. Thus, both the conditions laid down in sub-section (3) of section 12AA regarding cancellation of registration are missing. In our considered view, object per se cannot be re-examined under the provisions of sub-section (3) of section 12AA. As per the provisions of sub-section (3) of section 12AA, the CIT should be satisfied that the activities of the assessee society are not genuine or are not being carried on in accordance with the objects of the society and only then the CIT has power to cancel the registration granted to the assessee society. In our considered view, cancellation/withdrawal of registration by the learned CIT amounts to reviewing its earlier order. Hence, the impugned order passed u/s12AA(3) is illegal and unsustainable. In view of the above, we set aside the order of the learned CIT passed u/s 12AA(3) of the Act and allow the appeal of the assessee. In the result, the appeal is allowed.
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