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2016 (7) TMI 733 - AT - Income TaxEligibility for exemption as per section 11 - Held that:- The status of the assessee in the earlier years was accepted by the Revenue as a charitable in nature having income allowable for exemption u/s 11 of the Act. There was no change in the facts and circumstances during the present assessment year. The Assessing Officer never denied the fact that the assessee is registered u/s 12AA of the Incometax Act. During the year under consideration the activities of the assessee were charitable in nature and as per its object. The main object of town planner has been held to be charitable and at the time of registration u/s 12A was in very much existence. Thus, the Revenue has not made out the case that the condition on which the registration was allowed has changed from earlier year or in subsequent year as well as in the present year. Allahabad High Court ruling in case of CIT vs. Lucknow Development Authority relied upon wherein it was held that the development authorities will not be hit by the proviso to Sec 2 (15). There was no change in the charitable purpose while doing the activity of development by the assessee. It is part of development only which is the object of the assessee since the beginning. - Decided against revenue
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