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2021 (11) TMI 90 - AT - Income TaxWithdrawal of exemption as provided u/s. 12A - assessment was reopened on solitary ground that the registration u/s. 12AA of the Act as granted to the assessee was cancelled since inception - HELD THAT:- Tribunal in own case [2021 (6) TMI 621 - ITAT DELHI]was pleased to set-aside the impugned order whereby the registration of the assessee trust u/s.12AA of the Act was cancelled since inception, however, the Tribunal restored the Registration granted u/s. 12AA. Revenue could not controvert the fact that the sole ground of re-opening of assessment was that the Registration granted u/s. 12A of the Act had been cancelled since inception, therefore, the assessee was not eligible for the benefit of sections 11 & 12 of the Act. Under the undisputed fact that the basis of reopening of the assessment now no more exists - assessment framed on the basis of such ground cannot be sustained. We, therefore, set-aside the assessment order and direct the AO to delete the addition and grant benefit of exemption as provided under law. The grounds raised in the present appeal are allowed in terms indicated hereinabove. - Decided in favour of assessee.
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