Visakhapanam Port Trust v. CIT (2021) 87 ITR 27 (SN) (Vishakha)(Trib.)

S. 12AA : Procedure for registration-Trust or institution-Cancellation merely on ground that cut-off specified in the proviso to section 2(15) has exceeded in a particular year held as not sustainable. [S. (2(15), 12AA(3)]

Assessee trust was granted registration w.e.f. 01.04.2002, and was carrying on its activities in accordance with its objectives and genuineness was also not disputed. The registration was cancelled on ground that cut-off specified in the proviso to section 2(15) has exceeded specified limit in year under consideration. Tribunal held that, there was no case for cancellation of registration based on circular no 21 of 2016, and restored the registration on grounds that, as per the circular, it is not mandatory to cancel the registration already granted u/s 12AA, and further that the A.O was not barred by examining the benefits of exemption claimed/s 11 and 12 in terms of S. 13(8) or 2(15) of the Act.