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2015 (2) TMI 1030 - ITAT HYDERABADEligibility for exemption u/s.10(23C)(iiiad) - assessee is conducting only coaching classes for students for appearing in civil services examination - CIT(A) allowed the claim - Held that:- there is no justification on the part of the A.O. to observe that the assessee cannot be treated as a charitable institution. Therefore, keeping in view the fact that assessee is registered as a charitable institution under section 12A of the Act, it can alternatively also claim exemption under section 11 of the Act. The A.O. while completing the assessment has totally ignored this aspect and has failed to examine whether the assessee is eligible for exemption under section 11 of the Act. For the aforestated reasons, we cannot therefore, accept the conclusion drawn by the A.O. while disallowing the claim of exemption. In the aforesaid view of the matter, we hold that Ld. CIT(A) was correct in allowing assessee's claim of of exemption under section 10(23C)(iiiad). - Decided in favour of assessee. Disallowance of depreciation - CIT(A) deleted the addition - Held that:- As can be seen Ld. CIT(A) has deleted the addition having found that assessee has neither written off the cost of acquisition nor has treated it as application of income. As the learned D.R. has not brought any material to controvert the aforesaid finding of the Ld. CIT(A), we do not find any infirmity in the order of the Ld. CIT(A). - Decided against revenue.
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