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2018 (3) TMI 148 - AT - Income TaxEligible for exemption u/s 10(23C)(vi) - Denying the benefit of exemption to the assessee and u/s 11(1)(a) - Held that:- We find that the CBDT vide Circular No. 07/2010 dated 27.10.2010 clarified that any approval issued on or after 1.12.2006 under sub-clause (vi) or (via) of section 10(23C) would also be a one-time approval which would be valid till it is withdrawn. AO while denying the claim of the assessee, has relied on the order of the CCIT who rejected the application filed by the assessee for exemption u/s 10(23C)(vi) of the Act. As the assessee continues to be eligible for exemption u/s 10(23C)(vi) of the Act vide order of the competent authority dated 15.6.2009 and the Assessing Officer framed the assessment merely denying the benefit of exemption to the assessee and its u/s 11(1)(a) of the Act, we find no reason to interfere in the findings of the Commissioner of Income Tax (Appeals) and accordingly uphold the same. - Decided against revenue.
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