TMI Blog2017 (9) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... Writ Petition, we can allow the petitioner to raise the issue of non-consideration of this application for approval or not passing any order on the request in that behalf. We find that the petitioner superannuation scheme is subjected to tax and an order was passed by the Income Tax Officer28(2)(5), Mumbai, on 17th March, 2016. That is for the assessment year 2013-2014. When the substantive app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il, 2008. It is for provision of retirement benefits to the eligible employees of M/s. Rolls-Royce Marine India Private Limited. 2. The petitioner challenges a notice/communication dated 30th March, 2017, copy of which is annexure A2 . At the outset and without prejudice to the pending proceedings or the contentions therein, Mr. Raichandani states that the petitioner is not pressing the Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds . It contains several rules and referable to various Sections of the Income Tax Act, 1961. It is only when an approval in terms of these rules is granted, and particularly rule 2, that the trust can claim any benefits. 6. However, what we find is that the petitioner superannuation scheme is subjected to tax and an order was passed by the Income Tax Officer28(2)(5), Mumbai, on 17th March, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y order on the request in that behalf. 9. Pertinently, all these matters are raised by the petitioner while challenging the notice, copy of which is annexure A2 (page 20 of the paper book). That informs the petitioner that the Income Tax Officer has reason to believe that income chargeable to tax for the assessment year 2011-12 has escaped assessment within the meaning of Section 147 of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
