|COURT:||Bombay High Court|
|CORAM:||A. M. Badar J, S. V. Gangapurwala J|
|SECTION(S):||11, 12A, 12AA(3), 2(15)|
|CATCH WORDS:||cancellation of registration, Charitable purpose|
|COUNSEL:||Kalpesh Turalkar, Mandar Vaidya|
|DATE:||July 17, 2017 (Date of pronouncement)|
|DATE:||July 24, 2017 (Date of publication)|
|FILE:||Click here to download the file in pdf format|
|S. 12AA(3): The CIT is not entitled to withdraw s. 12A registration on the ground that the activities of the trust are no longer charitable after the insertion of the proviso to s. 2(15). The registration can be withdrawn only if a finding is given that the activities of the institution are not genuine or that the activities carried out are not in consonance with the object of the institution|
(i) It is apparent from the record that the Commissioner has invoked its powers under Section 12(AA)(3) of the Act. The said powers are 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 stood then. The said proviso has subsequently gone amendment.
(ii) The CBDT Circular No.21 of 2016, dated 27th May, 2016, has been considered by the Division Bench of this Court in case of Director of Income Tax vs. Khar Gymkhana, reported in  385 ITR 162.
(iii) Even considering the proviso, as it stood then, the case has not been made out so as to invoke Section 12AA(3) of the Act. The Tribunal as rightly considered the said aspect.
(iv) In view of that, the Appeal is bereft of any substantial questions of law. The Appeal as such is dismissed. No costs.