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2014 (6) TMI 1025 - AT - Income TaxExemption u/s 11 denied - cancellation of the registration u/s. 12AA (3) - AO brought to tax the income of the assessee as AOP denying the benefit - whether activities of the society are in the nature of ‘general public utility’ generating profit ? - HELD THAT:- As decided in assessee's own case [2013 (3) TMI 823 - ITAT CHENNAI] we are of the view that the assessee is entitled for exemption under sections 11 & 12 of the Act and accordingly, allow the appeal of the assessee and further hold that the reference made by the Ld.AO to the Ld.DIT (E) recommending cancellation of the registration U/s. 12AA (3) of the Act to be erroneous. It is pertinent to mention that the Tribunal has been persistently holding that the assessee society functions under the concept of Mutuality and the activities embedded in the Memorandum of Association of the society are charitable. Further the decisions of the case relied upon by the Revenue is not applicable to the facts of the relevant case before us. Therefore we hereby direct the Revenue to delete the tax imposed on the assessee by withdrawing the benefit U/s. 11 & 12 - Decided in favour of assessee.
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