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2018 (6) TMI 1808 - AT - Income TaxDeemed approval of the entity under section 10(23C)(vi) - Tribunal upheld the order of AO in treating the assessee as AOP instead of an institution solely existing for imparting education - HELD THAT:- As there is merit in the miscellaneous application filed by assessee for assessment year 2007-08 wherein the assessee had filed application before the Commissioner for granting approval under section 10(23C) (vi) of the Act on 31.03.2006. In view of the dictate of the Hon'ble Supreme Court in CIT Vs. Society for The Promotion of Education [2016 (2) TMI 672 - SC ORDER] which is in respect of application made under section 12AA of the Act which is parameteria to provisions of section 10(23C)(vi) of the Act, we hold that since the Commissioner has not disposed off application dated 31.03.2006 within period of six months, the registration is deemed to be granted to the assessee w.e.f. 30.09.2006 i.e. after expiry of six months from the date of making application. Hence, applicant is entitled to grant deduction under section 10(23C)(vi) of the Act w.e.f 30.09.2006 which falls within assessment year 2007-08.
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