2012 (10) TMI 701

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....erred to as the 'Act') for the assessment years 2011-12 to 2013-14 was rejected. 2. The case pleaded by the petitioner is that the petitioner is the National Horticulture Board set up by Government of India in 1984 as an autonomous society under the Societies Registration Act, 1860 to promote integrated development in Horticulture and was exempted from Income Tax by notification upto 2007 being an exempted body under Section 10(23C)(iv) of the Act. Notifications for the assessment years 1987-88 to 2007-08 have been appended as Annexure P-2. It is averred that the petitioner was also registered as a Trust on 23.04.1999 w.e.f. 01.04.1999 under Section 12-A of the Act (Annexure P-3) and has been regularly filing its return of income in Form....

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.... and the processing fees was refunded to all the parties. Thereafter, respondent No.1 again declined exemption for the assessment year 2010-11 and the said order was challenged by filing CWP No.2767 of 2011 which is pending final adjudication. An application was filed on 16.04.2010 for grant of exemption for assessment years 2011-12 to 2013-14 along with copies of balance sheet and income & expenditure statement for the year ending 31-03-2008, 30.03.2009 and provisional accounts for the year ending on 31.03.2010. In pursuance of the query from the respondent, the petitioner also supplied complete information along with audited accounts for the year ending on 31.03.2010 and stated that the balance sheet for the year ending on 31.03.2011 was ....

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....filing the balance-sheet and income & expenditure accounts statement pertaining to the assessment year 2011-12. It is noticed that in the absence of the requisite information, the genuineness of the claim could not be established; and since the petitioner had been asked to file the said balance-sheet and income and expenditure accounts statement but had failed to do so. The impugned order is dated 26.04.2011 for the assessment year 2011-12. The time for getting the accounts audited and file the balance-sheet was still there which was under compilation and this fact was brought to the notice of respondent No.1 vide letter dated 11.04.2011 (Annexure P-17). In the said letter, the copies of balance-sheet and income and expenditure accounts sta....