2011 (4) TMI 1360 - AT - Income Tax

Summary

Issues involved: The judgment involves issues related to the eligibility of the assessee for exemption u/s 11 of the IT Act, the requirement of obtaining notification u/s 10(23C)(vi) of the Act, and the verification of collection of donations or capitation fees by the assessee.

Revenue's Appeals: The Revenue contended that the assessees did not receive notification u/s 10(23C) of the Act, thus the claim of exemption should be denied. The assessees argued that they claimed exemption u/s 11 of the Act, not requiring notification u/s 10(23C)(vi). The assessees cited various court decisions supporting their position. The Tribunal upheld that an assessee can make an alternative claim for exemption u/s 11 without the need for notification u/s 10(23C)(vi), as established by previous decisions. The Tribunal confirmed the CIT(A)'s orders in favor of the assessees.

Cross Objections of the Assessees: The assessees objected to the CIT(A) directing verification of donations or capitation fees collected, as the assessing officer had already verified and found no such collections. The Tribunal noted that no prejudice was caused by the CIT(A)'s direction for verification. Following a previous decision, the Tribunal confirmed the CIT(A)'s order to verify collections and upheld that if no additional charges were collected from students, the assessees would be entitled to exemption u/s 11. The Tribunal rejected the assessees' objections and dismissed both the Revenue's appeals and the assessees' cross objections.