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2017 (11) TMI 511 - AT - Income TaxNon granting registration u/s 12AA - whether objectives of the assessee are charitable in nature and that it is not carrying on any activity for profit? - effect of registration granted in the subsequent year - Held that:- We find that by virtue of remand to the CIT(E)for re-consideration of the assessee’s application for registration u/s 12A of the IT Act, the assessee’s application has been revived. As on the date when the CIT(E) was considering the application for registration pursuant to the remand by the ITAT, the proviso to Sec. 12A(2) of the IT Act has come into the statute book and therefore it is very much applicable to all the pending assessments before the A.O. The SMC Bench of this Tribunal at Ahmadabad, in the case of Shri Bhanushali Mitramandali Trust Vs ITO (2016 (4) TMI 578 - ITAT AHMEDABAD) has also held so. Particularly in the case of hand, we find that there is no change in the objects of the assessee from the earlier and in the subsequent assessment years and there is no finding that the assessee has carried on any activity not in accordance with its objectives. In view of the same, we are of the opinion that the assessee is eligible for registration u/s 12A of the IT Act w.e.f 01-04-2002 and accordingly, we direct the CIT(E) to modify the order of registration u/s 12AA of the Act w.e.f. 01-04-2002 i.e from A.Y 2003-04 onwards. - Decided in favour of assessee.
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