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2014 (2) TMI 1172 - AT - Income TaxRegistration granted under section 12A denied - DIT coming to the conclusion that the appellant is directly hit by the proviso to section 2(15)which was inserted with effect from the assessment year 2009-10 - Held that:- The charitable purposes include the objects of artistic or historic interest. In the instant case also the assessee-trust was founded to acquire art museum and art theatre for the promotion of art and culture amongst the members of the general public. Therefore, the activity of the assessee are charitable in nature is as per the provisions contained in section 2(15) of the Act. In the instant case, as we have already mentioned, that the assessee-trust was established to make it available the art museum and art theatre for the members of the general public, irrespective of their caste, community or religion, therefore, the activity of the assessee-trust is charitable in nature as per the provisions of section 2(15) of the Act. Whereas, the proviso inserted by the Finance (No.2) Act, 2009 by the Central Board of Direct Taxes Circular No. 1 of 2011 dated April 6, 2011, shall not be applicable in the instant case for the year under consideration. We, therefore, considering the totality of the facts as discussed hereinabove, are of the view that the learned Director of Income-tax (Exemption) was not justified in cancelling registration already granted to the assessee-trust under section 12A of the Act by invoking the provisions of section 12AA(3) of the Act. In that view of the matter, the impugned order is set aside and the registration under section 12A already granted to the assessee is restored. - Decided in favour of assesse.
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