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2016 (9) TMI 1523 - AT - Income TaxExemption u/s 11 - registration u/s 12AA denied - charitable activity u/s 2(15) or not? - HELD THAT:- As decided in assessee's own case [2013 (3) TMI 823 - ITAT CHENNAI] assessee is entitled for exemption u/s 11 & 12 and accordingly, allow the appeal of the assessee and further hold that the reference made by the AO to the Director of Income Tax (Exemptions) recommending cancellation of the registration under section 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 fall under the concept of mutuality and the activities embedded in the Memorandum of Association of the society are charitable. Further the decisions relied upon by the Revenue are 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 under section 11 & 12 - decided against revenue.
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