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Union of India & Another Versus Central India Institute of Medical Sciences

2016 (9) TMI 508 - SUPREME COURT

Rejection/refusal of extension of approval under Section 35(1)(ii) - refusing the extension of the approval granted by the High Court on the ground that the same was made by the Director and not by the competent authority i.e. the Finance Minister - .....

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Director. The order dated 22.10.2010, recites that the decision not to extend the approval was approved by the prescribed authority. It has been averred by the appellant that under Rule 3, Govt. of India (Transaction of Business) Rules, 1961 such de .....

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d in striking down/refusing the extension of the approval granted on the ground that the same has been passed by the Director, who is not competent to do so. 7. Accordingly, we set aside the order of the High Court and allow this appeal. - Civil Appe .....

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ted. 2. By the order under challenge the rejection/refusal of extension of approval under Section 35(1)(ii) of the Income Tax Act, 1961 was set aside by the High Court on the ground that the same was made by the Director and not by the competent auth .....

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