TMI Blog1999 (9) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... tice dated March 29, 1988, issued by the Income-tax Officer under section 148 of the Income-tax Act, 1961 (the "Act"), for the assessment year 1985-86. The case of the petitioner is that the condition precedent for the issuance of the notice under section 148 of the Act does not exist in this case and hence the notice is without jurisdiction. The respondents have filed an affidavit wherein they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the prescribed authority with retrospective effect from December 13, 1982. The case of the respondents is that in view of the withdrawal of the certificate granted to the above society under section 35CCA of the Act, the deduction given to the petitioner under that section in respect of the donation of Rs. 1,00,000 made to the said society was not an allowable deduction and the notice has been i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 35CCA of the Act in view of the withdrawal of the certificate issued by the prescribed authority to the concerned society with retrospective effect from December 13, 1982. The withdrawal was made on March 3, 1987. We have heard Mr. J. D. Mistry, learned counsel for the petitioner, as also Mr. R. V. Desai, learned counsel for the respondents. We have perused the facts of the case. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awal and/or cancellation of the certificate will have no effect upon the assessee who has acted upon it when it was valid and operative. Reference may be made in this connection to the decision of the Supreme Court in State of Maharashtra v. Suresh Trading Company [1998] 109 STC 439. In that case also the controversy before the Supreme Court was whether the retrospective cancellation of the cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion must be rejected. To accept it would be to nullify the provisions of the statute which entitle persons dealing with registered dealers to act upon the strength of registration certificates." The ratio of the above decision squarely applies to the present case. In the premises, we are of the clear opinion that there is no escapement of income of the assessee as a result of the allowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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