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2015 (10) TMI 1061 - PUNJAB AND HARYANA HIGH COURTRegistration of appellant trust under section 12AA cancelled - appellant trust carrying out activities of trade, commerce or business with a profit motive - Held that:- In view of the provisions of 1922 Act, the matter is required to be remanded to the Tribunal to adjudicate whether the activities of the appellant trust were covered within the meaning of charitable in nature or not even after the insertion of the proviso to Section 2(15) of the Act w.e.f 1.4.2009 i.e. in respect of assessment years 2009-10 onwards. No serious objection was raised by the learned counsel for the revenue to the aforesaid submission. Accordingly, the impugned orders passed by the Tribunal in both the appeals are set aside and the matter is remanded to the Tribunal to decide the same afresh keeping in view the proviso to Section 2(15) of the Act inserted w.e.f April 1, 2009 with reference to the provisions of the 1922 Act after affording an opportunity of hearing to the parties in accordance with law - Decided in favour of assessee for statistical purposes.
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