2012 (5) TMI 675

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....tration without issuing any notice for revocation. DIT specified that the clauses are not existing in the memorandum and rules and regulations. The statement is beyond the facts of the case. DIT might have not seen the Memorandum society. The revocation may be annulled. OR 2. to issue suitable instructions to verify the clauses and pass the orders of revocation after the order passed by the DIT is annulled." 3. Briefly stated, facts of the case are that the assessee is a society engaged in the charitable work by way of giving education to boys and girls. Assessee got registration under S1.2AA of the Act as well as approval under S.80G of the Act, vide separate orders of the Director of Income-tax(Exemption) both dated 25.3.2011. The app....

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....was granted extension of exemption u/s. 80G up to 31-03-2011. In view o the amendment to Section 80G(5)(vi) through Finance Act (No.2), 2009, the Trust continues to enjoy the exemption in perpetuity. In view of the limitations imposed by this amendment, the trust's request for renewal of exemption cannot be rejected. As such the only option available to me in view of the failures of the trust as explained above, is to cancel the exemption itself. As such, I hereby revoke the exemption granted to the trust u/s. 80(G)(vi) of the I.T. Act, 1961." 4. Aggrieved by the above order of the Director of Incometax( Exemption), Hyderabad, assessee filed the present appeal before us with the grounds mentioned above. 5. During the proceedings before u....

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....ons of the Director of Incometax( Exemption) for granting approval under S.80G includes the absence of clauses on aims and objectives of the assessee-society and other clauses relating to the clauses on amendment power and winding up of the society. Director of Income-tax(Exemption) opines that these clauses are not specific. In para 4 of the order, the Director of Incometax( Exemption) made a general observation that the limitations prescribed in the Act were not provided by the assessee in its Memorandum of Association or rules and regulations. In this regard, we perused the relevant papers available before us and find that there exists clause on aims and objects of the society, which are placed in the paper book, to which we have already....