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TMI Blog2013 (10) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... not record any finding as required by Section 12AA(3) of the Act. The Income Tax Appellate Tribunal, therefore, rightly reversed the order passed by the Commissioner – Decided against the Revenue. - Income Tax Appeal No.70 of 2013 - - - Dated:- 21-8-2013 - Rajive Bhalla And Dr. Bharat Bhushan Parsoon,JJ. For the Appellant : Mr. Rajesh Katoch, Advocate ORDER Rajive Bhalla, J. CM No. 9341-CII of 2013 Allowed as prayed. Income Tax Appeal No.70 of 2013 The revenue challenges order dated 22.6.2012 passed by the Income Tax Appellate Tribunal, Chandigarh Bench `B' Chandigarh on the following substantial questions of law:- i) Whether on the facts and law, the Hon'ble Income Tax Appellate Tribunal was justified in holdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rust was granted registration under Section 12AA of the Income Tax Act, 1961 (hereinafter referred to as the Act ) on 17.10.2003. The assessee, thereafter, filed an application in Form No.10G for approval under Section 80G(5)(v) of the Act on 19.02.2009. The Commissioner of Income Tax, Ludhiana, directed the Assessing Officer to submit a report with respect to the activities of the trust. The Assessing Officer submitted a report that expenses incurred by the assessee are primarily religious in nature. The Commissioner of Income Tax issued a show cause notice to the assessee for cancellation of registration. After considering the reply, the Commissioner cancelled the registration by holding that as the assessee publishes a monthly magazin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 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. A perusal of Section 12AA(3) of the Act, reveals that a precondition to cancellation of registration are findings that activities of the trust are not genuine or are not being carried out, in accordance with objects of the trust. Thus, before cancelling registration, a Commissioner is required to record a finding that activities of the trust are not genuine or are not being carried out, in accordance with objects of the trust. A perusal of the order passed by the Commissioner reveals th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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