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In referring to the Supreme Court ruling in the case of State of Maharashtra v. Suresh Trading Co. (109STC439) the Bombay High Court in the case of Ramdas Maneklal Gandhi v. Union of India held that the assessee is enitled to rely upon the certificate granted by the prescribed authority to the institution or association to which it had donated a sum of money for claiming deduction, which was valid and subsisting at the time the donation was made. The Court further held that the retrospective withdrawal and/or cancellation of the certificate would have no effect upon the assessee who had acted upon it when it was valid and operative. The Court thus quashed the notice issued u/s 148, being without jurisdiction.

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