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2011 (3) TMI 921 - HC - Income TaxRegistration u/s 12A - The assessee is a Company registered under section 25 of the Companies Act - since the assessee was registered 5 years back it would be beneficial to find out from the assessee as well as from the Department as to whether the assessee was engaged in any charitable activity including production of television and radio programmes and telecasting and broadcasting of such programmes, for which the assessee is formed - the activities of the assessee stated i.e., undertaking to telecast and broadcast programmes and to act as an agent, broker, liasioner etc., will not make the object clause charitable - assessee has not produced the amendment made to the Memorandum of Association of the Company neither before the Commissioner nor before the Tribunal - the assessee has not explained as to why the object clause specifically provides that the benefit of the foundation goes to the members in a narrow sense So far as the extra territorial operation and activities of the Company as evident from the object clause is concerned, the assessee’s counsel also submitted that telecasting and broadcasting will be limited within India - assessee has admitted that it has not undertaken any of such activities for the last 5 years and still remains a paper company - Decided against the assessee
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