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Authority empowered to grant an approval under the Income-tax Act, 1961 deemed to have power to withdraw the approval granted [Section 293C] – Income Tax

Authority empowered to grant an approval under the Income-tax Act, 1961 deemed to have power to withdraw the approval granted [Section 293C] :

(i) The Central Government, CBDT and income-tax Authorities are empowered under the various provisions of the Income-tax Act to grant approval to the assessees for availing the benefit of incentives available under the Act.

(ii) However, only some provisions of the Income-tax Act, 1961 specifically contain provisions for withdrawal of approval. In all other cases, there is no specific power to withdraw the approval granted.

(iii) Therefore, section 293C provides explicitly, such power to withdraw an approval granted. This section provides that an approval granting authority (i.e. the Central Government, CBDT or income-tax authority, as the case may be) shall also have the powers to withdraw the approval at any time.

(iv) However, such withdrawal can be made only after giving a reasonable opportunity to the concerned assessee of showing cause against the proposed withdrawal. Further, the reasons for withdrawal of the approval should be recorded by the concerned authority.

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