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2017 (9) TMI 836 - HC - Income TaxGrant of exemption/according recognition - date on which the Himachal Pradesh Road Transport Corporation General Provident Fund Trust, came to be created vide Trust Deed - Held that:- The efficacy of such recognition under the Act, 1952, was till the formation of the Trust which was as of 01.04.1998. It is not that at no point in time, recognition either under the provisions of the Act, 1952 or Income Tax Act, 1961 was accorded to the petitioner. At this point in time, it be also observed that the Mandi Kullu Road Transport Corporation and the Himachal Government Transport were amalgamated with the formation of a new body known as Himachal Road Transport Corporation w.e.f. 01.10.1974. From the order dated 25.06.2008, so passed by the Central Board of Direct Taxes, we find that there is no discussion or finding on these aspects and all this despite petitioner having urged the same in the grounds of appeal. As such, on this short ground alone, without adjudicating the petition on merits, more specifically, applicability of Rule(s) 77/78 of the Income Tax Rules, 1962, we dispose of the present petition with a direction to the Central Board of Direct Taxes to take a fresh decision pertaining to the period 01.04.1998 till 30.10.2002. Parties to appear before the Board on 17.10.2017. Decision be taken within a period of three months thereafter.
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