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2014 (5) TMI 821 - HC - Income TaxRejection of extension of approval u/s 10(23C)(vi) of the Act – Held that:- Relying upon Family Planning Services Project Agency vs. Union of India and others [2013 (9) TMI 767 - ALLAHABAD HIGH COURT] and CBDT circular No.7 of 2010 has clearly held that it would also be applicable for approval granted under clause (vi) and (via) of the Act - the approval can be withdrawn by the competent authority on certain conditions being satisfied and after giving a reasonable opportunity of show cause to the assessee - the application filed by the petitioner for extension of the approval u/s 10(23C)(vi) of the Act for the AYs 2008-09, 2009-10 and 2010-11 was a redundant application as there was no requirement to apply for extension of the approval as the approval in the case of the assessee was granted after 1.12.2006 on 20.12.2007 - The approval so granted by the Chief Commissioner of Income Tax was a one-time affair, which was to continue till it was withdrawn under the proviso - the order dated 17.3.2009 was otiose having no effect in law - The order only rejects the application for extension of the approval for the AYs 2008-09, 2009-10 and 2010-11 - The original order of approval dated 20.12.2007 still continues to remain in force inspite of the rejection of the assessee's application – thus, the order of the CCIT is set aside – Decided in favour of Assessee.
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