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TMI Blog2012 (2) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal was right in law in holding that the registration granted to the assessee under section 12A(a) would hold good, even though the assessee's main object in publication, purchase and sale of books which are not definitely charitable activity and the activities are purely a commercial venture with profit motive is valid ? (ii) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in not considering the aggregate value of the receipts for the assessment years 2008-09, 2009-10 and 2010-11 exceeds the limit specified in Second proviso and hence first proviso does not apply to the facts of the case is valid ? 2. The respondent Sarvodaya Ilakkiya Pannai is a Society and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedure for registration: (1) The Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) or clause (aa) of sub-section (1) of section 12A, shall-- (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; and (b) after satisfying himself about the objects of the trust or institution and the genuineness of its activities, he-- (i) shall pass an order in writing registering the trust or institution; (ii) shall, if he is not so satisfied, pass an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. Once such a satisfaction is arrived at by the Commissioner to grant, such registration cannot be cancelled by following the very same provision of section 12AA(b)(i) of the Act to go into the genuineness of the activities of the trust. However, the Commissioner is empowered to revoke the certificate in terms of section 12AA(3) of the Act. As per the said provision, in the event the Commissioner is satisfied subsequently i.e.after registration that the activities of such trust or institution are not genuine or not being carried out in accordance with the objects of the trust or the institution as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution. 6. In order to apply t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto the above objects and satisfied himself for grant of registration. Subsequently, by the order of the Commissioner of Income Tax dated 31.06.2011, the very same objects were considered and were found not to be the activities which are charitable in nature. While carrying on the activities of publication and sale of Sarvodaya Literature and Gandhian Ideologies as charitable activities, referring the same objects as not charity, it cannot be brought under the provisions of section 12AA(3) of the Act. The cancellation was made not on the ground that the activities of the trust were not genuine but the activities of the trust were not in accordance with the objects of the trust. When the trust was registered with definite objects, carrying o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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