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2015 (12) TMI 698 - AT - Income TaxRegistration under sect ion 12AA cancelled - as per CIT(A) activities of the assessee fall in the category of “advancement of any other object of general publicutility” and this phrase as provided in sect ion 2(15) does not now constitute a charitable purpose, therefore the same is purely commercial in nature in view of the proviso appended to the section - Held that:- The amendment to sect ion 2(15) of the Act cannot be the basis for cancellation of registration granted earlier under sect ion 12A of the Act . The two basic requirements for cancellation of registration as provided under section 12AA(3) of the Act , viz , the findings of the learned Commissioner of Income Tax to the effect that the activities of the assessee are not genuine or the activities are not being carried out in accordance with the objects on the basis of which registration under sect ion 12A of the Act was granted to it , have also not been fulfilled in this case. The learned Commissioner of Income Tax has nowhere given a finding in this regard. It is not the case of the Commissioner of Income Tax that the activities of the assessee are not genuine or not being carried out in consonance with the objects of the assessee. In this view also, the act ion of the learned Commissioner of Income Tax in cancelling the registration is not as per law. - Decided in favour of assessee.
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