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2010 (9) TMI 898

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..... D.K. Tyagi, Judicial Member. - The assessee is aggrieved by the order of the learned Director of Income-tax (Exemption), Kolkata dated 29-4-2010 on the following sole ground : "For that in the facts and circumstances of the case the certificate issued under section 80G of the Income-tax Act, 1961, be modified and the validity be held to be valid till cancelled." 2. The brief facts of the .....

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..... n over the case. ( iii )The amendments, if any made to the trust deed or memorandum of association should be intimated to this office and the concerned DDIT(E)/ITO(E) immediately whenever made. ( iv )If any further renewal is required, the application should be made to the concerned DIT(E)/CIT in Form No. 10G ( see rule 11AA) in triplicate together with relevant particulars/documents." 3. .....

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..... appropriate authority could give approval specifying the assessment year or years for which the same would be valid. As there is no modification of the said rule, it is contended by him that the impugned certificate issued by the learned Director of Income-tax (Exemption) does not require any modification. 6. After hearing the rival submissions and perusing the material available on record, w .....

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..... cular issued by the Board, which is favourable to the assessee would be binding on the Revenue. We, therefore, direct the learned Director of Income-tax (Exemption) to modify the exemption certificate dated April 29, 2010 so as to make the same valid for the assessment year 2010-11 onwards till the same is withdrawn as per law." 7. Since the issue is squarely covered in favour of the assessee .....

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