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TMI Blog2023 (8) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... oumen Bhattacharjee, Adv. For the Respondent : None. The Court :- This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated November 13, 2019 in ITA No. 07/Kol/2019 as well as the order in M.A. No. 4/Kol/2021 dated May 27, 2022 for the assessment year 2015-16. 2. The revenue has raised the following substantial questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gus entry providing concerns namely M/s. Herbicure Healthcare Bio-Herbal Research Foundation under section 35(1)(ii) whereas on the contrary such approval and recognition had been withdrawn by the CBDT vide Gazettee Notification S.O. 2882(E) dated 6th September, 2016 and O.M. vide F. No. 203/09/2015/ITA.II dated 21st September, 2016 considering the nature of unscrupulous activities carried on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Hon'ble Supreme Court holding that there is no provision for withdrawal of recognition under Section 35(1)(ii) of the Act. The view taken by the learned Tribunal in the impugned order is supported by the decision of the Hon'ble Division Bench of this Court in the case of Commissioner of Income Tax Versus General Magnets Ltd. ; (2002) 256 ITR 471 wherein the Court after taking note of various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in that case withdrawal with retrospective effect does not affect the right of the assessee for deduction of the amount which has accrued to the assessee on the basis of the payment to an approved society under Section 35CCA of the Act. 5. In the light of the above, the order passed by the learned Tribunal does not call for any interference. 6. In the result, the appeal is dismissed and the su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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