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2009 (7) TMI 360 - HC - Income TaxExemption for the income of an educational institution like the petitioner-trust – approval of educational institution – effect of rules – only authority empowered to grant approval can do so – power cannot be delegated - The prescribed authority for assessment years 1999-2000 and 2000-01, for granting approval was the Central Board of Direct Taxes (CBDT) – Therefore, cancellation of approval by Director General of income-tax is not valid - once a power is conferred by the Act and the Rules, it is only that authority, who has been conferred power under the Act and the Rules who alone can assume jurisdiction. Merely because in the reply to the show-cause notice, an objection was not raised would not confer power on an authority which otherwise had no jurisdiction. Clearly, therefore, the order recalling or reviewing the earlier order dated February 8, 2008, is beyond the jurisdiction and is liable to be set aside.
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