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In favour of assessee.The Tribunal was not right in the facts and circumstances ofthe case in holding that the activity carried on by the appellantamounts to an activity in the nature of trade, commerce or business and thereby is not entitled forregistration under Section 12A of the Act.

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Sec. 2(15), 11 & 12A of Income Tax Act, 1961 – Charitable Purpose – The appellant, which is a statutory authority constituted under the provisions of the Karnataka Urban Development Authorities Act, 1987, filed an application for registration under Section 12A(1)(aa) of the IT Act, 1961. CIT rejected the said application. The Tribunal remanded the matter to the CIT for his reconsideration. Thereafter, CIT once again rejected the application filed by the appellant. Thereafter, the Tribunal also dismissed the appeal of the appellant. According to the appellant "the accounts need not be certified by a chartered accountant. The same is a requirement under Rule 17B of the Rules wherein the said audit report is required to be furnished when registration is required under Rule 17B of the Rules. That the appellant has sought for registration under Section 12A(1)(aa) of the Act and hence it is only Rule 17A of the Rules which applies". High Court allowed the appeal of the appellant holding that:– The appellant would have to comply with all requirements stipulated under Rule 17A of the Rules. If there has been any non-compliance with the same, then, the appellant is at liberty to comply with the said requirements in accordance with law – BELGAUM URBAN DEVELOPMENT AUTHORITY Vs. CIT [2020] 423 ITR 373 (KARN)

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