2015 (1) TMI 1488

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....TOLANI, JM This is an appeal filed by the assessee against the order of the ld. CIT, Ajmer dated 23-09-2011 challenging the denial of registration u/s 12AA of the I.T. Act, 1961, on the ground that the activities of the assessee are commercial in nature and it has no element of charity. 2.1 The ld. Counsel for the assessee contends that ld. CIT dismissed the application u/s 12AA by following....

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...., then every private colonizer will claim charity. The facilities which are provided to the plot holders are incidental to the commercial activity carried out by the UIT and if certain facilities like parks, community centre, road, drainage, construction of tennis Court indoor stadium and schools are provided is not only basic requirement, rather a tool of attracting investors where in the hidden ....

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.... statutory organization under the aegis of State Urban Ministry for the development of Ajmer city and caries out the works assigned by legislature by way of relevant laws and rules. (iii) There are various activities which are conducted by the assessee in public interest which are clearly charitable in nature, and it are not appreciated by the ld. CIT in proper manner. Merely because the ....

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....have heard the rival contentions and perused the material available on record. In our considered view, the registration cannot be refused on the basis of vague findings like the "scent of commercial activity" and accounts audit being as per state govt. rules and not a CA. From the verification of the relevant Urban Development Rules, it emerges that assessee carries on various activities which app....