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2015 (7) TMI 695 - HC - Income TaxExemption under Section 10(23C) denied - Held that:- The matter is squarely covered against the Revenue. There is no denying the fact that exemption had already been granted to the petitioner earlier, vide order dated 26.03.2008, for a period of 3 years till the year 2009-10. The application was made on 29.03.2010, for continuation and in pursuance of the same, a show cause notice was issued to the applicant on 13.01.2011 to substantiate its claim. In view of the circular No.7 dated 27.10.2010 (Annexure P8), the petitioner was not required to file an application for extension, as has been held in the case of Sunbeam Academy Educational Society (2014 (5) TMI 821 - ALLAHABAD HIGH COURT ) We are further fortified by the fact that the judgment of a Division Bench of this Court in Pinegrove International Charitable Trust Vs. Union of India (UOI) & others (2010 (1) TMI 49 - HIGH COURT OF PUNJAB AND HARYANA AT ) has been upheld by the Apex Court in Queen's Educational Society Vs. CIT (2015 (3) TMI 619 - SUPREME COURT ) wherein it has been specifically noticed that in view of the 13th Proviso, after giving reasonable opportunity, the earlier approval could be withdrawn if the activities are found not to be genuine and not according to the conditions and the approval could be subject to monitoring. - Decided in favour of assessee.
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