Retrospective exemption approval rejected where original Form-I was approved and assessments were already completed.

A revised Form-I seeking retrospective approval for exemption under Notification No. 74/78-C.E. could not be entertained where the exemption was not claimed in the original Form-I, that form had already been approved, and assessments were completed on that basis. The proper course was to challenge the earlier approval in appeal, not seek retrospective amendment after completion of assessment. Accordingly, retrospective approval was refused and the exemption claim was not accepted.

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Issues: Whether the revised Form-I seeking retrospective approval for the exemption under Notification No. 74/78-C.E. could be accepted after the original Form-I had been approved and the assessments had been completed.

Analysis: The appellants had not claimed the exemption in the original Form-I. That form was duly approved by the proper authority and the assessments were completed on that basis. The earlier approval was not challenged in appeal, which was the proper course open to the appellants. In these circumstances, the request for a revised Form-I to be approved with retrospective effect could not be entertained.

Conclusion: The revised Form-I was not entitled to retrospective approval and the denial of the exemption claim was upheld.

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