Visakhapatnam Port Trust v. CIT (2021) 191 ITD 541 (Vishakha) (Trib.)

S. 12A : Registration-Trust or institution-Genuineness of activities was not in doubt-Turnover exceeded Rs.10,00,000-Not mandatory to cancel registration already granted under section 12AA to a charitable institution merely on ground that cut-off specified in proviso to section 2(15) is exceeded in a particular year-Cancellation of registration was held to be not valid. [S. 2(15), 12AA(3)]

The assessee trust was granted registration u/s 12A with effect from 1-4 2002  from the Assessment year 2003-04.  Commissioner held that by virtue of second proviso to section 2(15) as assessee’s threshold limit of turnover exceeded sum of Rs. 10,00,000, assessee was hit by provisions of section 2(15), and objects of assessee were no longer charitable and, accordingly, cancelled registration granted to it w.e.f 1-4-2009. On appeal the Tribunal  referred the Circular No. 21/2016, dated 27-5-2016  (2016) 384 ITR 180 (St), wherein  it has clarified that it is not mandatory to cancel registration already granted under section 12AA to a charitable institution merely on ground that cut-off specified in proviso to section 2(15) is exceeded in a particular year.  Tribunal held that there was no dispute with regard to genuineness of activities and there was no finding of Commissioner with regard to not carrying on activities as per objects of trust. Order of commissioner for cancellation of registration was  set aside.