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Exemption to charitable trust

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This query is : Resolved

niraj gajjar (Querist)
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11 March 2012 1. the assessee applied for exemption for educational charitable trust in the year 2006-07 and got exemption for three consecutive years.

2. in the year 2007-08 assessee applied for exemption by mistake in a wrong form

3. the AO rejected the application and cancelled the exemption for the year 2007-08 also

4. whether the action of the AO is tenable in the eye of law

5. quote case laws if any

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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12 March 2012 AO has no power to cancel registration. However, even after the grant of registration of the trust if it is found to be not carrying out its activity in accordance with the objects of the trust, and making violation of any of the provisions of trust deed or Act, then, CIT can use his/her powers given to him/her u/s 12AA (3) to cancel the registration in accordance with law.

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