On basis of search conducted in the group Principal Commissioner by an order dated 16-09-2019 withdrawn approval under section 10(23C)(vi) granted to assessee retrospectively with effect from 2009 i.e. when assessee was granted said approval. On appeal the Tribunal held that the amendment by Notification No. S.O. 3215(E)/No.60/2019 to give power to Pr. Commissioner to approve or reject exemption under section 10(23C) came with effect from 5-11-2019. Order of PCIT was quashed.
Aurora Educational Society v. PCIT (2021) 190 ITD 481 / 87 ITR 72 (SN) (Hyd.)(Trib.)/Tarakarma Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Church Educational Society v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)/Karshik Vidya Parishad v .PCIT 2021) 190 ITD 481/ 87 ITR 72 (SN) (Hyd) (Trib.)
S. 10(23C) : Educational institution-Search and seizure-Withdrawal of registration retrospectively with effect from,2009-Notification No. SO 3215(E), dated 5-9-2019 came into effect from 5-11-2019-Order of withdrawal of exemption was held to be not valid. [S. 10 (23C)(vi)]