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2017 (7) TMI 920

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..... e circumscribed by the limitations imposed under Sub Section 3 of Section 12AA of the Act. The Commissioner, nowhere has given the finding that the activities of the Respondent institution are not genuine one or that the said activity carried out are not in consonance with the object of the institution. The Commissioner has merely relied on proviso to Sub-Section 2 of Section 15 of the Act, as it .....

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..... he Income Tax Act, 1961 (in short the Act ). 2] Mr.Singh, the learned counsel submits that notice was issued to the Assessee by the Commissioner for withdrawing registration granted to the Assessee under Section 12A of the Act by invoking its power under Section 12AA (3) of the Act. According to the learned counsel, the proviso to Section 2(15) of the Act as existed then will have to be applie .....

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..... that activity of the Respondent is not genuine activity or the activity of the Respondent is not being carried out in accordance with the object of the institution. The learned counsel further relies on the CBDT Circular No.21 of 2016, dated 27th May, 2016 and the order of this Court in case of Director of Income Tax vs. Khar Gymkhana, reported in [2016] 385 ITR 162. 4] We have considered the s .....

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