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2011 (11) TMI 501 - AT - Income TaxRenewal of approval u/s 80G(5)(vi) denied - assessee being Charitable Institution enjoying approval u/s 80G for the period from 1.4.2007 to 31 03.2010 - Held that:- Circular No.7/2010 (F.No.197/21/2010-ITA-I dated 27th October, 2010) issued by CBDT states that the existing approvals expiring on or after 1st October, 2009 shall be deemed to have been extended in perpetuity unless specifically withdrawn. Therefore, it has to be held that as assessee's existing approval was expiring on or after the 1st day of October, 2009, the same shall be deemed to have been extended in perpetuity unless specifically withdrawn. Where there is no statutory obligation on the assessee to seek renewal of the approval, then, the application filed by the assessee has no meaning as the statutory provisions will prevail. There is no material on record according to which it can be said that the approval granted to the assessee u/s 80G (5) was specifically withdrawn and what is rejected by the impugned order is the renewal application of the assessee which does not have any meaning in law as the assessee was not under an obligation to seek renewal as approval granted to it shall be deemed to have been extended in perpetuity - in favor of assessee.
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