TMI Blog2016 (10) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... sked for, were duly provided by the petitioner much before the passing of the order impugned before us. Note 1(a) to Form No. 56-D provides that an application can be filed before the specified date and Note 3 clearly provides that after filing of the application, an applicant shall furnish any other documents or information as required by the Chief Commissioner or any other Authority authorised by the Chief Commissioner, as the case may be. These Notes clearly indicate that the application can be filed even prior to 1st April of the relevant Assessment Year, from which the exemption is sought. In view of the above, the impugned order dated 03.03.2015 passed by the Chief Commissioner is set aside with a direction to the Chief Commissioner to consider the application filed by the petitioner for grant of exemption under Section 10 (23C) of the Act, on merits. - C. W. P. No. 14010 of 2016 - - - Dated:- 28-9-2016 - S. J. Vazifdar, Chief Justice And Deepak Sibal, JJ. Mr. Sandeep Goyal, Advocate for the appellant Mr. Denesh Goyal, Advocate for the respondent ORDER Deepak Sibal, J. Through the present petition, the petitioner seeks quashing of order dated 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between 1st April and 30th September of the relevant Assessment Year. Columns No. 11 to 19 of Form No. 56-D were also referred to say that the required information under the columns would be available only after 1st April of the relevant Assessment Year. It is in this background that the present petition has been filed for the afore-referred reliefs. Sections 10(23C)(iiiab), 10(23C)(iiiad), 10(23C)(vi) along with its 1st and 14th proviso, which are relevant for adjudicating upon the present petition, are reproduced below for reference :- Section 10(23C) - any income received by any person on behalf of - xx xx xx xx (iiiab) any university or other educational institution existing solely for educational purposes and not for purposes of profit, and which is wholly or substantially financed by the Government ; or xx xx xx xx (iiiad) any university or other educational institution existing solely for educational purposes and not for purposes of profit if the aggregate annual receipts of such university or educational institution do not exceed the amount of annual receipts as may be prescribed ; or xx xx xx xx (vi) any university or other educati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernal aid is necessary. If the stand of the respondent is to be accepted, then we would have to necessarily add to the 14th proviso a condition that the application shall be made after 1st April and before 30th September of the relevant Assessment Year, from which the exemption is sought. We find no necessity to do so. The view that we have taken causes the respondent no prejudice. A Trust may know or have reason to believe prior to 1st April that its receipts are likely to exceed ₹ 1 crore. There is no reason why such an institution ought not to be permitted to make the application even before the 1st day of April of the relevant year. If, for any reason, the receipts do not exceed ₹ 1 crore, the application would not be processed further. Neither the Revenue nor the assessee would be prejudiced. If the application is moved prior to 1st April of the Assessment Year, from which the exemption is sought, during the pendency of such application, if any relevant information is required, the Authorities are well within their rights to ask for the same before taking a final decision on the application. In fact, in the case in hand, the accounts for the year ending 31.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er educational institution or hospital or other medical institution referred to in serial number 1 carrying on any business (give details) ? (ii) Is the business incidental to the attainment of its objects ? 15. Details of nature, quantity and value of contributions (other than cash) and the manner in which such contributions have been utilized. 16. Details of shares, securities or other property purchased by or on behalf of the university or other educational institution or hospital or other medical institution referred to in serial number 1 from any interested person as specified in sub-section (2) of section 13. 17. Whether any part of the income or any property of the university or other educational institution or hospital or other medical institution referred to in serial number 1 was used or applied, in a manner which results directly or indirectly in conferring any benefit, amenity or perquisite (whether converted into money or not), on any interested person as specified in sub-section (3) of section 13 ? If so, details thereof. 18. Amount deemed to be income of the university or other educational institution or hospital or other medical institu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions for seeking exemption could be made only prior to 31st March of the relevant Financial Year, for which the exemption was being sought. The information supplied by the applicant against these columns at that time was considered adequate by the Department. Even otherwise, if an application under the 14th proviso, as it stands today, is filed prior to 1st April of the relevant Assessment Year, for which exemption is sought for and after the filing thereof, any further information is still needed by the respondent Authorities, before taking a final decision thereupon, that information can be sought for from the applicant. As observed earlier, this was done in the case in hand, in which all the accounts for the year ending 31.03.2014, when asked for, were duly provided by the petitioner much before the passing of the order impugned before us. Note 1(a) to Form No. 56-D provides that an application can be filed before the specified date and Note 3 clearly provides that after filing of the application, an applicant shall furnish any other documents or information as required by the Chief Commissioner or any other Authority authorised by the Chief Commissioner, as the case may b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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