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2018 (3) TMI 64 - AT - Income TaxRegistration u/s 12AA cancelled - appellant is not engaged in activities which are covered within the meaning of charitable purpose appearing in section 2(15) - jurisdiction of DIT(E) for cancellation of registration already granted - Held that:- The Circular No.21/2016 issued by CBDT clearly provides that mere receipt on account of business receipt in excess of limit in the proviso would not result in cancellation of registration granted under section 12AA, unless there is change in the nature of activities of the assessee. DIT(E) has not given any finding as to whether there is change in the nature of activities of the assessee during the relevant Assessment Year, except placing reliance on the proposal of ADIT(E). Decision relied by Revenue in DIT(E) vs. North India Association (2017 (3) TMI 37 - BOMBAY HIGH COURT) is in favour of assessee wherein while dismissing the appeal of Revenue, the Hon’ble jurisdictional High Court held that merely because in one year income of assessee-trust exceeded prescribed limit provided under section 2(15), by itself could not warrant the cancellation of registration of Trust. The appeal of the assessee is allowed, the ld. DIT(E) is directed to restore the registration certificate granted under section 12AA dated 08.09.2009. - Decided in favour of assessee.
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