Telangana State Pollution Control Board v. CIT (2018) 402 ITR 267/ 166 DTR 117/ 302 CTR 509 (T&AP) (HC)

S. 10 (23C):Educational institution-Application for exemption was made before wrong authority- Authority concerned should have forwarded to the correct authority instead of rejecting the said application after enquiries . [ S. 10(23C) (iv) ]

Allowing the petition the Court held that ; when the assessee filed the application before the wrong authority, it should have been returned. Instead of returning the assessee’s application, an enquiry was held and additional material was sought, thereby making the assessee believe that its application was pending consideration. Therefore, on the facts of the case, the blame was equally apportionable to both parties. If the assessee were entitled to exemption on the merits, it would be iniquitous to deny consideration of its application, merely because it was not addressed to the correct authority. Therefore, it would be in the fitness of things, if the application dated September 30, 2015, filed by the assessee were treated as the one filed before the competent authority, i.e., the Commissioner (E). The Assistant Commissioner (E) was to forward the application filed by the assessee for exemption in form 56 along with the enclosures to the Commissioner (E) and the Commissioner (E) shall hold an enquiry, pass an appropriate order and communicate it to the assessee. ( AY. 2015-16)