Assessee charitable trust was granted approval under section 10(23C)(iv) A search was conducted on assessee pursuant to which a notice under section 153A was issued. In pursuance of notice, assessee filed an settlement application under section 245C before Settlement Commission which was accepted. Based on initiation of proceeding under section 245C before Settlement Commission, DGI (Inv) issued a show cause notice to assessee proposing for withdrawal of approval granted to it under section 10(23C)(iv). He, further, proceeded to pass an order effecting withdrawal of approval under section 10(23C)(iv) of the Act. The assessee filed writ petition and contended that when issue regarding violation of conditions of section 10(23C) by assessee was pending before ITSC, DGI (Inv) had no jurisdiction to issue said show cause notice in view of bar under section 245F(2). Settlement commission had completed proceedings and passed an order under section 245D in favour of assessee. Writ petition filed against order of Settlement Commission was also set aside. Allowing the petition the Court held that proceedings before Settlement Commission on which DGI(Inv) placed reliance to issue said show cause notice did not exist on facts, impugned show cause notice issued by DGI (Inv) for withdrawal of approval under section 10(23C) and subsequent order passed withdrawing such approval under said section were unjustified and same were to be quashed. When application under section 245C made by trust is allowed to be proceeded with Settlement Commission, then Settlement Commission have exclusive jurisdiction to perform functions of Income-tax authority as provided under section 245F of the Act. Accordingly the order of DGI (Inv) was quashed. (AY. 2005-06 to 2011-12)
Adhiprasakthi Charitable, Medical, Educational & Cultural Trust v. DGI (Inv.) (2021) 277 Taxman 355 (Mad.)(HC)
S. 245D : Settlement Commission-Educational institution-Application is allowed to be proceeded with-Settlement Commission have exclusive jurisdiction to perform functions of Income-tax authority as provided under section 245F of the Act-Withdrawal of exemption by Director General (Inv.) was held to be not valid. [S. 10(23C)(iv), 132, 153A, 245C, 245F(2) Art, 226]