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Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled for registration under section 12AA of the Act, even when the objects of the assessee fall under the limb 'any other object of general public utility' under section 2(15) of the Income-tax Act and the activities of the assessee under this limb will be hit by the proviso to section 2(15) of the Income-tax Act amended with effect from April 1, 2009 as the services are provided to all sections of the society on commercial basis and major receipts of the assessee are from services, i.e., considera tion received which is obviously in the nature of commercial activities akin to the activities of private parties and no charitable purpose is involved and charging fee for all services are involved ?

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Section 2(15)&11 of the Income Tax Act, 1961 — Trust — Registration of trust — Assessee was a statutory authority created under the Karnataka Urban Development Authorities Act, 1987 and the purpose and intent of creation of assessee was to establish urban areas in Hubli Dharwad in a planned manner and even the utilisation of funds by the assessee was fully controlled by periodical instructions issued by the Government and the funds standing in the name of the assessee under the absolute control of the Government as the assessee functioned in fiduciary capacity, hence the assesee was entitled to continue the certificate of registration under section 12A — Commissioner of income tax vs. Hubli Dharampal Urban Development Authority [2019] 419 ITR 29 (Karnataka)    

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