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2014 (9) TMI 959 - AT - Income TaxRegistration under section 12AA denied - Held that:- Commissioner rejected the application of the assessee on the failure of the assessee to produce certain material which was called for by letter dated July 10, 2007. This Tribunal is of the opinion that the assessee apparently complied with the requirement of the Commissioner and registration was also granted from financial year 2010-11. Therefore, giving one more opportunity to the assessee to produce all the details that may be required by the Commissioner may not prejudice the interests of the Revenue. This Tribunal is of the considered opinion that giving one more opportunity to the assessee to produce necessary details/materials before the Commissioner would definitely promote the cause of justice. Accordingly, without expressing any opinion on the merit of the application filed for registration under section 12AA the impugned order of the Commissioner dated September 26, 2007 is set aside and the issue of registration under section 12AA of the Act is remanded back to the file of the Commissioner. It is made clear that if it is found to have collected any capitation fees for admission of students, i.e., collection of any money over and above the prescribed fee fixed by the committee nominated by the State Government for admission of students the assessee is not entitled for registration under section 12AA and also not entitled for exemption under sections 11, 12 and 10(23C) of the Act. - Decided in favour of assessee for statistical purposes
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