2015 (1) TMI 11

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....ndent - Chief Commissioner of Income Tax, Panaji. 2. Petitioner is a trust registered under Section 12(A)(a) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for short. It is the case of the petitioner that it is a deemed University managing various institutions in the field of education. The petitioner-Trust has been granted exemption under Section 10(23C)(vi) of the Act by the Central Board of Direct Taxes, New Delhi vide order dated 2.7.2004 for the assessment years 1999-2000 to 2001-2002 and exemption was also granted independently for the assessment years 2002-03 to 2004-05 vide order dated 17.8.2004, for the assessment year 2005-06 to 2007-08 vide order dated 29.11.2004 and from the assessment year 2008-09....

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.... to the Assessing Authority directing that a show cause notice be issued in case of violation. It is the grievance of the petitioner, the directions of this Court have not been complied with and without giving an opportunity, the impugned order came to be passed withdrawing the exemption granted to the petitioner under Section 10(23C)(vi) of the Act for the assessment year 2001-02 to 2004-05. Hence, petitioner is before this Court. Heard the learned Senior Counsel appearing for the petitioner and the learned Standing Counsel for respondents. 3. It appears, the Division Bench of this Court in ITA.No.1344/2006 had directed to hear the matter and pass orders whether there is any violation of Section 11(5) of the Income Tax Act and in thi....

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....cords a finding that there is violation of Section 11(5) of the Act, then it shall bring the said violation to the notice of the prescribed authority. On such violation being brought to the notice of the prescribed authority, the prescribed authority shall issue a show cause notice to the assessee to show cause why the order of exemption should not be rescinded and after hearing him, pass orders on merits, in accordance with law. If the prescribed authority decides to rescind the order of exemption granted earlier, it shall do so and shall send a copy of the same to the Assessing Authority as well as to the assessee. On receipt of such order, the Assessing Authority shall proceed to frame the assessment order and proceed in accordance with ....