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2014 (6) TMI 500

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..... nder the A.P. Societies Registration Act, 2001, vide No.125 of 2013 dated 4.3.2013 by the Registries of Societies, has filed an application in Form 10A on 10.5.2013, seeking registration under S.12AA of the Act, A questionnaire was issued vide letter dated 28.8.2013, requesting the assessee to produce its original Memorandum of Association and other documents for verification and to produce detailed replies on specific points. 3. On going through the material/information furnished in response, the Director of Income-tax(Exemption), noted from the Memorandum of Association of the assessee society contained in Document-1, the following 'Aims and Objects' of the assessee society 1. To maintain unity among all the members of the society. 2. .....

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..... s of the Society, having regard to the provisions contained in clause (b) to sub-sec(1) of S.12AA of the Act, and consequently, he held that the assessee cannot be granted registration under S.12A of the Act. He also observed that stipulation by the assessee, in the bye-laws pertaining to corpus fund, is inconsistent with the provisions contained in clause (d) to sub-sec(1) to S.11 of the Act. The Director of Income-tax(Exemption) accordingly refused to grant registration under S.12AA of the Act, and consequently he also rejected the application in Form 10G filed by the assessee, vide order dated 28.11.2013. 5. Aggrieved, assessee preferred this appeal before us. 6. Effective grounds of the assessee in this appeal are as follows- 1. We a .....

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..... available on record. As noted above, the Director of Income-tax(Exemption) has refused registration to the assessee society on the ground of its bye-laws not being in conformity with the requirements of the A.,P. Societies Registration Act, and the variance between the objects, redundantly stated in the Bye Laws, and the objects stated in the Memorandum of Association, and both being too general, and not verifiable. In view of the fact, that the assessee, as noted in the above grounds as well, has expressed its preparedness to amend the byelaws, so as to so as to make the bye laws specific and verifiable, to the satisfaction of the Director of Income-tax(Exemption), we deem it just and fair to set aside the impugned order of the Director of .....

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