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2013 (4) TMI 67 - ITAT COCHINRejection of registration u/s. 12AA of the Income Tax Act - As per the reports furnished by AO and Jt.CIT, it is stated that as per the activity report filed by the applicant, the only activity of the society is managing a School affiliated to CBSE. But as per the income side of the Income & Expenditure statement, the society has been receiving entrance coaching fee from Viet and Brilliant during all the previous years. Further, the Society has no property of it own. No building or room is taken on rent/lease for the functioning of the Society. - Held that:- The case of the assessee is that the said reports were not put before it and hence the opportunity was not provided to it to submit its view on the adverse remarks, if any, made by the lower authorities. The said action of Ld CIT violates the principles of natural justice. Under these circumstances, as observed in the decision of the Hon'ble Jurisdictional Kerala High Court in the case of Adarsha Vidyanidhi Trust vs. CIT (2007 (1) TMI 148 - KERALA High Court) the order passed by the Ld. CIT cannot be treated as a valid one and is liable to be quashed.
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