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2018 (4) TMI 138

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...., Hyderabad. The petitioner has also sought for a consequential direction to respondent No. 1 to grant approval under section 10(23C)(iv) of the Income-tax Act, 1961 (for short "the Act") in pursuance of its application, dated September 30, 2015. 2. We have heard Mr. Y. Ratnakar, the learned counsel for the petitioner, and Mr. J. V. Prasad, the learned senior standing counsel for the Income- tax Department, appearing for the respondents. 3. The admitted facts are that the Andhra Pradesh Pollution Control Board ("APPCB") was constituted in the composite State of Andhra Pradesh under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (for short "the Water Act") and it was granted approval under section 10(23C)(iv) o....

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....ns), Hyderabad. The said functionary directed the petitioner to file audited accounts for the financial year 2014-15 and the said papers were filed in the inward counter on the same day under acknowledgment. The petitioner has further pleaded that thereafter, its officers made periodical enquiries, which revealed that the matter is pending consideration. After waiting for more than one year, the principal secretary of the petitioner has addressed a letter/representation, dated February 22, 2017, to respondent No. 1 referring to the facts narrated above. In paragraph 5 of the said letter, it was stated by the petitioner that as per the ninth proviso to section 10(23C)(iv) of the Act, an order of rejection has to be passed within twelve month....

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....tion for exemption in form 56 was filed by the petitioner on September 30, 2015 before respondent No. 4, the said functionary has not returned the same. On the contrary, he has sent a notice of enquiry, in pursuance of which, he has held an enquiry and directed the petitioner to submit the audited accounts, which was complied with by the petitioner. Even thereafter, the application was not returned by any of the respondents on the ground that it was not maintainable. It is only when after the petitioner has addressed a letter, dated February 22, 2017, that respondent No. 1 has rejected the petitioner's application. 6. It is not the pleaded case of the respondents, as reflected in the counter- affidavit, that the petitioner has filed th....