TMI Blog2012 (4) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaking is complying with the conditions envisaged in the scheme and if the undertaking fails to comply with those conditions, it is the Commerce Ministry alone, which has the right to withdraw the benefit granted under sub-rule [2] of Rule 18C of the Rules - Held that: it is a fit case where the petitioner is entitled to the relief claimed in the application. We, accordingly, direct the Central Board of Direct Taxes to notify the petitioner's industrial park for the benefits under Section 80-IA in terms of Rule 18C[[4] of the Rules within one month from today without any further inquiry - Decided in favor of the assessee - SPECIAL CIVIL APPLICATION NO. 9247 OF 2011 - - - Dated:- 21-2-2012 - BHASKAR BHATTACHARYA, J.B. PARDIWALA, JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9, 2005 informed the Assistant Commissioner of Income Tax that the time mentioned as "September, 2002" was a typographical mistake in the petitioner's earlier letter dated August 25, 2003 and the correct time to be read was "September, 2001". The petitioner had written another letter to the Assistant Commissioner of Income Tax, explaining why "September 2001" was stated to be the commencement of industrial park and further stated that even if it was presumed that industrial park had commenced after the release of electricity connection, the same was within financial year 2001-02. 2.3 Ultimately, the Deputy Commissioner of Income Tax, by a letter dated December 15, 2010 informed the petitioner about the outstanding arrears which had aris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch, 2006. [2] The undertaking shall be duly approved by the Ministry of Commerce and Industry in the Central Government under the scheme for industrial park or Special Economic Zones notified by that Ministry. [3] The undertaking shall continue to fulfill the conditions envisaged in the scheme. [4] On approval under sub-rule [2], the Central Board of Direct Taxes, shall notify industrial parks for benefits under section 80-IA." 6. A plain reading of the aforesaid provision makes it clear that the undertaking of the assessee should be at first duly approved by the Commerce Ministry under the Scheme of Industrial Parks or Special Economic Zones notified by the Ministry as provided in sub-rule [2]. Once such approval under sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irect Taxes to notify industrial parks in terms of sub-rule [4] of Rule 18C. 8. In the case before us, there is no dispute that till today, the Commerce Ministry has not revoked the approval given in terms of sub-rule [2] of Rule 18C and thus, it is the duty of the Board to notify the industrial parks for the benefits under Section 80-IA of the Act. 9. It is, however, needless to mention that the moment the Commerce Ministry will revoke such approval, the petitioner will not get the benefits of Section 80-IA of the Act. 10. On consideration of the entire materials on record, we, therefore, find that it is a fit case where the petitioner is entitled to the relief claimed in the application. We, accordingly, direct the Central Boa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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