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2015 (10) TMI 1412 - ITAT HYDERABAD

2015 (10) TMI 1412 - ITAT HYDERABAD - [2015] 39 ITR (Trib) 387 (ITAT [Hyd]) - Registration under section 12AA - condition imposed by the DIT (Exemptions) while granting registration under section 12AA to obtain registration from the competent authority of the Government of Andhra Pradesh under section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and furnish copy of such order of registration within a period of six months - Held that:- On a careful .....

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such condition. Therefore, as the direction of the learned Director of Income-tax (Exemptions) is not in consonance with the statutory provision, the same is not required to be acted upon. - Decided in favour of assessee. - ITA Nos. 1755 & 1756/Hyd/2014 - Dated:- 1-4-2015 - SHRI B. RAMAKOTAIAH AND SHRI SAKTIJIT DEY, JJ. For the Appellant : Shri T. Chaitanya Kumar For the Respondent : Shri D. Sudhakar Rao ORDER Saktijit Dey (Judicial Member).- I. T. A. No. 1755/Hyd/2014 This appeal of the assess .....

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Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and furnish copy of such order of registration within a period of six months. 3. We have heard the parties and perused the materials on record. The learned authorised representative submitted before us, the condition imposed by the learned Director of Income-tax (Exemptions) is in excess of power conferred under section 12AA of the Act and otherwise contrary to the statutory provisions. In support of such contention, h .....

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ee to obtain registration under section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 is not relevant for the purpose of registration under section 12AA of the Act. On a careful reading of the provision contained under section 12A read with section 12AA of the Act, we do not find any condition imposed therein to indicate that for the purpose of obtaining registration under section 12AA of the Act, a trust or institution has to get itself registered .....

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