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2017 (5) TMI 8 - AT - Income TaxEligibility to registration u/s.12A - withdrawl of registration - proof of charitable activities - Held that:- There is no allegation that funds are being misused or diverted or assessee is not imparting education. The activities of the trust cannot be considered as not genuine. Further, the trust is spending the funds for fulfilling the objects of the trust for which it is formed. Therefore, twin conditions prescribed for cancellation of trust registration have not been fulfilled. It is open to the authorities to deny the benefit u/s.11 but this cannot be a ground for cancellation of registration. Respectfully following the principles laid down by the Hon’ble Karnataka High Court in the aforesaid cases i.e., CIT Vs. Islamic Academy of Education [2015 (9) TMI 450 - KARNATAKA HIGH COURT] and Maharashtra Academy of Engineering & Educational Research Vs. CIT [2009 (9) TMI 952 - ITAT PUNE] we have no hesitation to hold that Ld.DIT(E) erred in cancellation of the registration already granted to the assessee. Therefore, we hereby set aside the impugned order of the DIT(E) and restore the registration already granted to the assessee by the then Commissioner of Income Tax, Andhra Pradesh-II, Hyderabad - Decided in favour of assessee
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