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2012 (7) TMI 174 - ITAT CHANDIGARHRejection of renewal of exemption u/s 80G(5) - CIT(A)stated that the provisions contained in section 293C enables him to withdraw approval - Held that:- Considering the amendment brought w.e.f. 1st of October, 2009 to omit the proviso of section 80G(5)(vi) to provide that the approval once 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. Considering the proviso of section 293C it is clear that even if any Income-tax Authority wants to withdraw approval, he shall issue a show-cause notice against the proposed withdrawal to the assessee giving a reasonable opportunity of being heard, whereas in the present case no such show-cause notice has been issued to the assessee. Therefore no merit in this contention of the ld. CIT of invoking the proviso of section 293C - decided in favour of assessee.
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