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2012 (8) TMI 194 - HC - Income TaxRefusal to grant approval in terms of Section 35(1)(ii) - assessee being Scientific Research Institution - Held that:- As decided in Indian Planetary Society Versus CBDT [2009 (7) TMI 14 - BOMBAY HIGH COURT]CBDT has the power to make a reference to the Central Govt. which alone has the jurisdiction to decide the question in terms of Section 35(3) and the governing Rules - The CBDT could not be unaware of the legal position having regard to the mandate of Section 35 and to decide the matter itself without authority of law - As the direction of the Court had to be construed within the frame work of law and the CBDT could only refer the matter to the Central Govt. but not to decide the matter itself - order for denial of grant is set aside and matter is sent back to CBDT to decide afresh - in favour of assessee by way of remand.
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