JUDGMENT :

B.N. Mahapatra, J. - This writ petition has been filed challenging the order dt. 25th Jan., 2008 passed under Annex, I by Opposite Party No. 1-Chief Commissioner of income tax, Bhubaneswar (for short, 'Chief CIT') refusing approval under s. 10(23C)(vi) of the IT Act, 1961 (for short, 'IT Act') for the financial year 2006-07 on the ground that the said order has been passed illegally, arbitrarily, without application of mind and in violation of provisions of the IT Act. In Annex. 1 the Chief CIT has refused to grant approval under s. 10(23C)(vi) of the IT Act on the ground that the petitioner-institution is not existing solely for educational purpose and it is engaged in business which is not incidental to the attainment of its objective of education and also no separate books of accounts are maintained in respect of its business.

Further challenge has been made by the petitioner to the order dt. 22nd Dec, 2010 (Annex. 1/II) passed by the Chief CIT rejecting the petition made under s. 154 of the IT Act on the ground that the same has been passed without hearing the petitioner which amounts to violation of the principles of natural justice. Petitioner's case in a nutshell is