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2010 (12) TMI 1031 - HC - Income TaxApproval of registration - Whether the objective of the society is solely for education? - The burden of establishing that an application in Form 56D was filed, as early as on May 31, 2005, lies heavily on the petitioner - Held that:- The jurisdiction exercised by this court under article 226 of the Constitution of India is discretionary, and a writ is not issued as a matter of course - While the petitioner would contend that the original objects were amended in the meeting held on August 13, 2009, and were registered with the Registrar of Societies, Hyderabad, the affidavit filed in support of the writ petition is silent as to the date on which the objects were so registered - One of the limitations imposed by this court, on itself, is that it would not exercise jurisdiction unless substantial injustice has ensued or is likely to ensue - It would not allow itself to be turned into a court of appeal to set right mere errors of law which do not occasion injustice. Ex facie some of the objects of the petitioner-society, as it originally stood, are not solely for the purposes of education. In such circumstances no reason to exercise discretion to interfere, set aside the order of the first respondent, and remand the matter for his consideration afresh, only for him to reject the petitioner's application on the ground that their objects are not solely for the purposes of education.
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