TMI Blog2017 (10) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... invocation of Section 263 in the opinion of this Court cannot be faulted. As to whether in fact there was no necessity for a further ratification, in the light of the appellant’s contention that a general or a specific circular, which delegated the powers of the Board of Approvals, applied after the issuance of the 09.03.2009 circular, is however kept open for consideration. In case such conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 263 was invoked primarily on the ground that the approval did not conform to the CBDT s circular dated 09.03.2009 (F.No.178/19/2008). 5. In this regard, learned counsel submitted that the decision of the Division Bench of this Court in Commissioner of Income-Tax v. Enable Exports (P.) Ltd. [2012] 17 taxmann.com 182 (Delhi) is conclusive and the ITAT s reliance upon its subsequent ruli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proval for EOU scheme. [Emphasis supplied] 7. Mr. N.P. Sahni, learned counsel for the assessee/appellant urged that the approval of the Development Commissioner ipso facto was sufficient having regard to the previous binding circulars of the concerned Ministry which were consistently applied by the CBDT in all Income Tax authorities. In particular, he relied upon the delegation of powers fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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