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2016 (2) TMI 522 - PUNJAB AND HARYANA HIGH COURT

2016 (2) TMI 522 - PUNJAB AND HARYANA HIGH COURT - [2017] 391 ITR 131 - Validity of approval issued under Section 10 (23 C) (vi) - whether in view of CBDT circular dated 27th of October, 2010, the petitioner was required, to file an application for exemption and if not, whether the Chief Commissioner could have rejected the application, for exemption? - Held that:- A perusal of Clause (4), reveals that approvals granted on or after 1st December, 2006, shall be valid till they are withdrawn. The .....

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ned orders passed by ignoring Clause (4) are contrary to law. The petition is allowed, the impugned orders are set aside and the Commissioner of Income Tax Exemption, Chandigarh, the officer empowered, to consider an application for exemption, is directed to pass a fresh order after taking into consideration Clause (4) of the CBDT circular. - CWP-23889-2011 - Dated:- 1-2-2016 - MR. RAJIVE BHALLA AND MRS. LISA GILL, JJ. For The Petitioner : Mr. Sandeep Goyal, Advocate For The Respondent : Mr. Den .....

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istration Act, 1860 and for the purposes of Section 10 (23 C) (vi), was granted exemption from payment of tax for, assessment year 2007-08, vide order dated 22nd February, 2008 (Annexure P-4), passed by Chief Commissioner of Income Tax, Haryana, Panchkula. The petitioner filed an application on 30th March, 2008 seeking exemption for assessment year 2008-09 but instead of receiving a decision in that regard the petitioner was served with a notice under Section 147 of the Act, seeking to assess th .....

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r after 1st December, 2006. The petitioner filed an application to withdraw applications dated 30th March, 2009 and 11th June, 2010, but the Chief Commissioner ignored the circular and dismissed the applications as barred by time and held that the applicant is not entitled to exemption for assessment years 2008-09 and 2009-10. Counsel for the petitioner further submits that though the circular was notified on 27th October, 2010, but as Clause (4) makes it applicable to exemption orders passed on .....

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f the circular and states that as the amendment takes effect from the first day of October, 2009, only approvals existing on or granted after 1st October, 2009 shall be deemed to have been extended in perpetuity unless specifically withdrawn. Counsel for the revenue further submits that a perusal of the impugned order reveals that as the application for exemption was filed, beyond the period of limitation, the application was rightly rejected. We have heard counsel for the parties, appraised the .....

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of section 10 (23C) are governed by the procedure contained in rule 2CA. Rule 2CA was amended with effect from 1-12-2006, inter alia by substitution of the existing sub-rule 3 by a new provision which is reproduced below: (3) The approval of the Central Board of Direct Taxes or Chief Commissioner or Director General, as the case may be, granted before the 1st day of December, 2006 shall at any one time have effect for a period not exceeding three assessment years . Read in isolation, without any .....

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