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2017 (9) TMI 970 - HC - Income TaxCancelling registration and exemption granted u/s 12AA - refusing to register assessee's establishment as a trust - Held that:- The issue has been decided by a co-ordinate Bench of this Court [2016 (12) TMI 247 - PATNA HIGH COURT] held in view the decision in Dawoodi Bohra’s case [2014 (3) TMI 652 - SUPREME COURT] which squarely applies to the case of the petitioners, rather their case stands on a higher footing as they have established institutions which are created for the benefit of all sections of society and the religious activities carried out by them are minuscule in comparison to their main activity. Even the rule of 5% would apply only with regard to exemption under Section 80G and not with regard to the registration under Section 12AA or the cancellation thereof. This Court is, therefore, of the view that the order dated 28.11.2012 of the CIT-1, Patna cancelling the registration of Imarat Shariah Trust under Section 12AA is contrary to law.’ Once it has been held by a Co-ordinate Bench of this Court that the petitioner-trust is entitled to registration under Section 12AA of the Act and the cancellation on the grounds as mentioned therein and reproduced hereinabove are not correct, we find that the order passed impugned in this writ petition is liable to be quashed and the writ petition allowed in favour of assessee.
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