2016 (2) TMI 522

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....1th October, 2010, filed by the petitioner have been dismissed, being barred by time. Counsel for the petitioner submits that the petitioner is a society, duly registered under the Societies Registration Act, 1860 and for the purposes of Section 10 (23 C) (vi), was granted exemption from payment of tax for, assessment year 2007-08, vide order dated 22nd February, 2008 (Annexure P-4), passed by Chief Commissioner of Income Tax, Haryana, Panchkula. The petitioner filed an application on 30th March, 2008 seeking exemption for assessment year 2008-09 but instead of receiving a decision in that regard the petitioner was served with a notice under Section 147 of the Act, seeking to assess the petitioner to tax for assessment years 2008-09, on ....

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.... takes effect from the first day of October, 2009, only approvals existing on or granted after 1st October, 2009 shall be deemed to have been extended in perpetuity unless specifically withdrawn. Counsel for the revenue further submits that a perusal of the impugned order reveals that as the application for exemption was filed, beyond the period of limitation, the application was rightly rejected. We have heard counsel for the parties, appraised the paperbook and duly considered the arguments. The dispute in the present case is whether in view of CBDT circular dated 27th of October, 2010, the petitioner was required, to file an application for exemption and if not, whether the Chief Commissioner could have rejected the application, for e....

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....ce granted shall continue to be valid in perpetuity. Further, the Commissioner will also have the power of withdraw the approval if the Commissioner is satisfied that the activities of such institution or fund are not genuine or are not being carried out in accordance with the objects of the institution or fund. This amendment will take effect from 1st day of October, 2009. Accordingly, existing approvals expiring on or after 1st October, 2009 shall be deemed to have been extended in perpetuity unless specifically withdrawn". A perusal of Clause (4), reveals that approvals granted on or after 1st December, 2006, shall be valid till they are withdrawn. The argument by counsel for the revenue that the circular would come into effect from O....