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2015 (10) TMI 822 - HC - Income TaxRegistration under Section 12AA denied - activity of letting out of the premises to a lessee which is carrying on purely commercial activities, is contrary to the objects of the Assessee society - ITAT allowed the claim - Held that:- While an appeal has probably been filed by the Revenue for AY 2008-09, such appeal does not seem to have been numbered or listed before the Court even once. She states that for the subsequent AY 2011-12, the AO has himself granted exemption under Sections 11 and 12 of the Act. She pointed out that the fact of the building having been let out by the Assessee was known to the Revenue even at the stage of grant of registration under Section 12 A with effect from April, 2004. With there being no proper enquiry conducted by the AO into the facts of the case to determine if the manner of application of the income by the Assessee would disentitle it to exemption under Sections 11 and 12 of the Act, the Court is unable to discern any legal infirmity in the impugned orders of the CIT (A) or the ITAT. For the same reason, the Court is also not inclined to remand the matter to the AO to de novo start the exercise afresh. - Decided in favour of assessee.
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