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2015 (2) TMI 667

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....For the Respondent : Mr. Rajesh Katoch, Advocate JUDGMENT Ajay Kumar Mittal J.- 1. Challenge in this petition filed under articles 226/227 of the Constitution of India is to the order dated September 26, 2013, annexure P.7 passed by respondent No. 3-Director General of Income-tax (Inv.) declining exemption/approval to the petitioner society under section 10(23C)(vi) of the Income-tax Act, 1961 ....

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....nnexure P.2. Thereafter, notices dated May 10, 2013, and August 14, 2013, were issued to the petitioner, annexures P.3 and P.5, respectively. The petitioner submitted replies dated May 10, 2013, and August 14, 2013, annexure P.4 and P.6, respectively, to the notices. After examining the matter, the Director General of Income-tax (Inv.) passed the impugned order dated September 26, 2013, annexure P....

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....ter curing it, the petitioner was entitled to registration. The utilisation of funds in the event of dissolution or winding up of the society was an event which was yet to take place and cure done prior thereto, would not disentitle the petitioner. 5. On the other hand, prayer of the petitioner was opposed by learned counsel for the respondents on the ground that reliance by the petitioner on sec....

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....esolution dated August 17, 2013, had incorporated the following condition :              "In the event of dissolution or winding up of the society, the assets of the society after meeting all liabilities shall be transferred to another society, trust or institution whose objects are similar to those of this society." It was not shown by....