Section 529 — Power to withdraw approval. Successor to s.293C of the 1961 Act.
Section 529 is in Chapter XXIII — Miscellaneous, which runs from section 499 to section 536.
The section provides that where the Central Government, the Board or an income-tax authority has power under any provision of the Act to grant an approval to an assessee, that authority may withdraw the approval at any time after recording the reasons for doing so, even if the provision under which it was granted does not specifically allow withdrawal, and after giving the assessee a reasonable opportunity of being heard.
Approvals are granted on a state of facts that can change or turn out to have been misrepresented, and many granting provisions say nothing about taking an approval back. Rather than leaving each to be argued over, the section supplies a general power of withdrawal, subject to two safeguards made part of the power itself: reasons on record, and a hearing.
The power belongs to the same authority that has the power to grant, and it is exercisable "even if such provision does not specifically allow for its withdrawal", so silence in the granting section is not an answer. Two conditions are built in rather than left to general principle — reasons recorded, and a reasonable opportunity of being heard — so a withdrawal made without either is not made in accordance with the section. There is no time limit, and the section says nothing about the date from which a withdrawal takes effect.
An assessee holds an approval granted under a provision that contains no power of withdrawal. The authority may still withdraw it under this section, at any time, provided it records its reasons and gives the assessee a reasonable opportunity of being heard first. A withdrawal communicated without a hearing, or without reasons on record, does not meet what the section requires.
You meet this section as a show-cause proceeding on a proposal to withdraw an approval you hold, and then as the order of withdrawal itself, which must carry the recorded reasons. It is what is relied on where the granting section is silent about withdrawal.
may, withdraw such approval at any time after recording the reasons therefor, even if such provision does not specifically allow for its withdrawal, after giving such assessee a reasonable opportunity of being heard
See the full 1961 to 2025 concordance.