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TMI Blog2016 (4) TMI 1179X X X X Extracts X X X X X X X X Extracts X X X X ..... ound alone the assessee's appeal should have been allowed by the Tribunal. Though the Tribunal has discussed the ambit and scope of the proviso to Clause 15 of Section 2 and subsection (3) of Section 12AA, we do not find that in the facts and circumstances of the present case, any such discussion was necessary and warranted, once the appeal could have been allowed on the above short ground. With this conclusion, we uphold the order of the Tribunal. We need not assign any other reason nor examine the contentions raised before us in further details. The questions, as are posed by Mr. Malhotra and in the backdrop of these proceedings can be decided in a proper case. With these observations, the appeal fails and it is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... come from such activity. Mr. Malhotra would submit that the moment this proviso is attracted, then the Commissioner can record a satisfaction that the activities of the Trust or institution are not genuine or are not being carried out in accordance with the object of the Trust or institution, as the case may be, and thereupon the registration can be cancelled. 4. We do not think any such larger question or controversy would arise in the facts of the present case. In the present case, even if the parties have placed before us a voluminous compilation and Mr. Malhotra sought to rely upon an order passed by the Tribunal's Bench at Amritsar against the Jammu Development Authority to submit that the said order was upheld by the Division Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. It has no profit motive, far from indulging in any trade or commerce and as far as the activities alleged or the income generated, what has been pointed out is that MHADA gives houses to middleclass families at affordable rents. The income is on account of sale of housing stock and which is erroneously termed, according to MHADA, as coming from a systematic commerce and business activities. 7. We have referred to the order passed by the Director and impugned before the Tribunal in great detail with the assistance of Mr. Malhotra. We do not find anything in the matter referred by the Director which could be termed that the assessee was undertaking any activities which would demonstrate that it is not a genuine Trust or institution. We ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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