2013 (2) TMI 29

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed by the A.O. for canceling the registration granted earlier to the assessee u/s 12AA of the Income tax Act, 1961 w.e.f. assessment year 2004-05 and onwards. 3. It is submitted by the Ld. A.R. that this issue is squarely covered in favour of the assessee by the tribunal decision rendered in the case of Vidarbha Cricket Association Vs CIT in I.T.A.No. 3/Nag/2010 dated 30.05.2011 and he submitted a copy of this tribunal decision. Ld. D.R. of the revenue supported the order of Ld. DIT(E). 4. We have considered the rival submissions, perused the material on record and have gone through the orders of authorities below and the tribunal decision cited by the Ld. A.R. In the present case, the registration of the assessee was cancelled by the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ded by the Finance Act, 2008 with effect from 1.4.2009. The ultimate conclusion of the Commissioner in paragraph 17 of the impugned order is pertinent, which is reproduced as under: '17. In view of the amended provisions of sec.2(15), I is seen that assessee's activities can no longer be regarded as charitable activities. Especially the proviso to sec. 2(15) is violated by assessee and hence, it cannot be regarded as a charitable society engaged in charitable purposes. I have duly considered the nature of activities, the sources of income, the activities on which expenditure was made, surplus generated existence of profit motive, commercial exploitation of assets, fees and charges collected, nature of other income and other activities an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....; 9. At this stage, we may hasten to add that we are not commenting on the merits of the issue as to whether the activities of the assessee fall within the meaning of expression charitable purpose per section 2(15) as amended with effect form 1.4.2009. The only point decided in the appeal is to the effect that it was not within the scope and ambit of section 12AA(3) for the Commissioner to have examined the applicability of the amended section 2(15) of the purposes of invoking his powers of cancellation provided in section 12AA(3) of the Act. At this stage, we may also state that the issues raised by the Commissioner in the impugned order are not beyond the powers of the revenue to examine, so however, the same can only be examined in....