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2013 (5) TMI 832 - AT - Income TaxCanceling the registration u/s. 12AA(3) - Held that:- CIT was not justified in cancelling the registration u/s. 12AA(3) of the IT Act. Section 12AA(3) of the Act empowers the ld. CIT to cancel such registration if he was satisfied that the activities of the trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or Institution, as the case may be. It is not in dispute that the objects of the assessee trust are to carry out the educational activities which are charitable in nature and that the assessee trust solely exists for educational purpose. Thus, the ld. CIT was satisfied that the activities of the assessee trust are genuine and that the same educational activities have been carried out as per the objects of the assessee trust. The ld. CIT admitted the same facts in para 9 of the impugned order reproduced above also. Furthermore, it is also not in dispute that in this case registration was granted u/s. 12A on 01.09.1997 w.e.f. 16.12.1995. Before 01.06.2010, section 12AA(3) nowhere empowers the ld. CIT to cancel or withdraw the registration u/s. 12A of the IT Act. In the absence of such power, registration granted u/s. 12A cannot be withdrawn or cancelled before 01.06.2010. In the present case, the ld. CIT in para 13 of the impugned order has cancelled the registration without giving the date from which date the cancellation of registration would be effective. Therefore, in the absence of any date from when the registration would be cancelled, the order of the ld. CIT cannot be sustained in law.
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