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TMI Blog2016 (2) TMI 522X X X X Extracts X X X X X X X X Extracts X X X X ..... le as Clause (5) of the circular, applies to approvals granted under Section 80(4) and not to exemptions granted under Section 10 (23 ) (vi) of the Act. We, therefore, have no hesitation in holding that as Clause (4) of CBDT, circular No.7 of 2010, provides that an exemption once granted shall operate in perpetuity till withdrawn, the impugned orders passed by ignoring Clause (4) are contrary to law. The petition is allowed, the impugned orders are set aside and the Commissioner of Income Tax Exemption, Chandigarh, the officer empowered, to consider an application for exemption, is directed to pass a fresh order after taking into consideration Clause (4) of the CBDT circular. - CWP-23889-2011 - - - Dated:- 1-2-2016 - MR. RAJIVE BHALLA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proval issued under Section 10 (23 C) (vi) shall be a one time approval valid till it is withdrawn, provided it is granted on or after 1st December, 2006. The petitioner filed an application to withdraw applications dated 30th March, 2009 and 11th June, 2010, but the Chief Commissioner ignored the circular and dismissed the applications as barred by time and held that the applicant is not entitled to exemption for assessment years 2008-09 and 2009-10. Counsel for the petitioner further submits that though the circular was notified on 27th October, 2010, but as Clause (4) makes it applicable to exemption orders passed on or after 1st December, 2006, the exemption granted to the petitioner in the year 2007-08 would remain in force as it ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from 1-12-2006, inter alia by substitution of the existing sub-rule 3 by a new provision which is reproduced below: (3) The approval of the Central Board of Direct Taxes or Chief Commissioner or Director General, as the case may be, granted before the 1st day of December, 2006 shall at any one time have effect for a period not exceeding three assessment years . Read in isolation, without any further guidance as was given by way of explanatory notes to Finance Act, 2006 in respect of amendment of sub-clauses (iv) and (v) of Section 10(23 C), the above amendment leaves some scope for doubt about the period of validity of the approval under Section 10(23C) (vi) and (via) on or after 1-12-2006. For the removal of doubts if any in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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