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2021 (4) TMI 908 - ITAT HYDERABADApprovals u/s.10(23C)(vi) rejected - HELD THAT:- We observe in this clinching backdrop that the PCIT(Central) has erred in law and on facts not only in assuming his Section 10(23C)(vi) jurisdiction on 16-09-2019 (before having being confirmed the prescribed authority’s jurisdiction to this effect on 05-11-2019) but also he has wrongly withdrawn the assessee’s approval with effect from the date it had been granted the same - And that the latter action also involved illegality since this approval had come way back in the year 2009 as against the search carried out almost after a decade i.e., 23-03-2018. We thus adopt strict interpretation in the given facts and circumstances of the case in the light of Rule2CA of the Income Tax Rules, 1962 and going by hon’ble apex court’s constitutional bench decision in CCCE Vs. Dilip Kumar and Company [2018 (7) TMI 1826 - SUPREME COURT] and conclude that the impugned order withdrawing the assessee’s approval is not sustainable for want of the Pr.CIT(Central)’s jurisdiction. We make it clear that we are dealing with an instance of patent lack of jurisdiction at the threshold itself which cannot be made good in latter stages. There is yet another equally significant aspect of the matter before us. There is hardly any dispute that the Pr.CIT’s order; assuming but not accepting it as correct, has withdrawn the assessee’s approval from the day which was granted the very relief i.e., from 27-03-2008 turning out to be well beyond the period of show cause notice itself. And that too, without even indicating as to how the assessee had violated the conditions of its approval granted earlier in all these intervening assessment years wherein it had also been assessed without any violation of the approval’s conditions. We therefore rely upon our foregoing detailed discussion and hold that Pr.CIT(Central) herein has erred in law and as on facts in withdrawing the assessee’s approval granted u/s.10(23C)(vi) of the Act. The assessee has also filed a detailed case law paper book as well as citing various judicial precedents but we do not deem it appropriate to deal with any of them since it is an instance of the Pr.CIT(Central)’s lack of jurisdiction. The assessee’s impugned approval is restored as a necessary corollary.
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