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2018 (1) TMI 135 - AT - Income TaxWithdrawing the registration granted u/s 12AA/12A vide order u/s 12AA(3) r.w.s. 293C from the initial year, the registration was granted - Held that:- Hon’ble Delhi High Court in case of DIT(Exemtion) Vs. Mool Chand Khairati Ram Trust (2011 (4) TMI 563 - DELHI HIGH COURT) is squarely applicable where it was held that power to cancel the registration once granted was only confined to the registration granted under cl. (b) of sub-s. (1) of s. 12AA till before 1st June, 2010. Of course, now w.e.f. 1st June, 2010, the power vests with the CIT even to cancel the registration granted under any of the clauses of sub-s. (1) of s. 12A. In that view of interpretation, there was no power vested with the CIT to cancel or withdraw the registration granted to the assessee under s. 12A(a) in the year 1974. Accordingly, we hold that the withdrawal of registration granted u/s 12A to the assessee since its inception is not as per law and to this extent the order passed by him to withdraw the registration from the initial year is not approved. Considering the fact that assessee is engaged in promoting the game of golf and having been granted registration u/s 12A w.e.f. 15.06.1999, we see no reasons to cancel the same particularly when the objects and the activities of assessee at the time of grant of registration and cancellation thereof remains the same. In these circumstances, we do not concur with the order of ld. CIT withdrawing, the registration u/s 12AA(3) of the Act. The ground of assessee is allowed.
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