TMI Blog1974 (9) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... is said to have been created under a deed of trust dated August 12, 1960, by one K. R. Appaswami Naidu, with the object of encouraging sports of all kinds, building stadia, maintaining play grounds and doing all such acts and things for the promotion of sporting activity of all kinds all over India in general and in Kovilpatti in particular. It is claimed that the trust has been conducting various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was exempt from income-tax under the said section in the assessment year commencing from April 1, 1961, and subsequent assessment years. Though in the application the petitioner has sought the orders of the Government of India under section 10(23) of the Act, the Central Board of Direct Taxes has itself considered the said application on merits, and rejected the same holding that the petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different authorities and, therefore, it is not open to the Central Board of Direct Taxes to exercise the power conferred by the statute on the Central Government. In this case the Central Board of Direct Taxes has purported to entertain the application filed by the petitioner under section 10(23) and deal with the same on merits. The authority to exercise the powers under section 10(23) being th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, application should have been forwarded to the Government of India for passing necessary orders under that section or the application should have been returned to the petitioner for presentation to the Central Government. It is true the Central Board of Direct Taxes could well have transmitted the application to the appropriate authority for disposal though they might not be obliged to do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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