TMI Blog2012 (5) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act does not fall within the permissible limit of section 12AA(3)- in favour of assessee. - IT Appeal NO. 100 (JP.) of 2012 - - - Dated:- 4-5-2012 - R.K. GUPTA, SANJAY ARORA, JJ. ORDER R.K. Gupta, Judicial Member This appeal and Stay Application filed by the assessee are against the order of CIT relating to Assessment Year 2009-10. 2. The assessee is objecting to withdrawal of registration granted u/s 12AA w.e.f. Assessment Year 2009-10. 3. The brief facts of the case are that M/s Rajasthan Housing Board, the appellant in this case, was granted registration u/s 12AA of the Act on 29.5.2009 w.e.f. 27.3.2008 in pursuance of order of the Tribunal date 31.3.2009. The Institution was established by State Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistration u/s 12AA by finding out that Institution is a charitable institution. It was further submitted that the order of the Tribunal was passed on 31.3.2009, amendment in section 2(15) was, therefore, on the Statute and, therefore, the effect of this amended provision has already been considered by the Tribunal while directing to allow registration u/s 12AA of the Act. However, Ld. CIT was not satisfied with that explanation as provision of section 2(15) have been amended by which it has been provided that if the total receipts exceed of Rs. 10 lakhs of any charitable institution in that case, the Institution cannot be treated as charitable institution in nature. Accordingly, he held that the assessee is not a charitable Institution wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12AA which reads as under:- " Where a trust or an institution has been granted registration under clause (b) of sub-section (1) [or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No.2) Act, 1996 (33 of 21996)]] and subsequently the Commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution. Provided that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable opportunity of being heard." 5. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the exemption u/s 11 have no effect for granting registration u/s 12AA of the Act. 9. The objectives of the institution have already been examined by the Tribunal who directed to grant registration to the present institution. There is no doubt in this regard. Therefore, Ld. CIT was not justified in holding that in view of amended provisions of section 2(15), the Institution does not remain a charitable institution and, therefore, the objectives of the institution also does not remain as charitable and accordingly withdrawal of registration, in our considered view, was not justified. 10. On similar facts, in the case of Gujarat Cricket Association, Ahmedabad v. DIT(E) ( supra ), the Tribunal by passing a detailed order has he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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