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2010 (1) TMI 40 - HC - Income TaxExemption u/s 35E - scientific research - association - Certain very prominent persons in the field of science, which included the then Director General of Council of Scientific and Industrial Research (CSIR) came together to form INSA – Notification dated 01.03.2001 was effective only upto 31.03.2003 and did not cover the year under consideration, though at that time application for this purpose was pending with the CBDT. The AO accordingly framed the assessment at an income of Rs.1,38,44,790/-. Against this order, the NISA filed an appeal before the CIT (Appeals). By that time Notification dated 28.03.2007 had been issued granting approval to the NISA under Section 35 (1) (ii) of the Act in view thereof CIT (A) allowed the appeal vide orders dated 30.08.2007 granting exemption under Section 20(21) of the Act to the NISA – held that - Since, the basic issue is as to whether exemption under Section 10(21) is applicable “only to Scientific Research Institution” and not to “other institutions” and this aspect has not been dealt with at all by the Tribunal. We have no option but to set aside the order of the Tribunal and remit the case back to the Tribunal for afresh consideration - , the NISA had been allowed approval under Section 35(1)(ii) of the Act for the last twenty five years, i.e., till 31.03.2003 as of “Scientific Research Association”. Reason why the approval is now granted as “other institution”, is not discernible
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