2011 (7) TMI 1256 - AT - Income Tax

Summary

Issues involved: Appeal by Revenue against CIT(A) order for assessment year 2007-08, eligibility for exemption u/s. 11 of the I.T. Act, necessity of obtaining notification u/s. 10(23C)(vi) of the I.T. Act.

Summary:

Issue 1: Appeal against CIT(A) order
The Revenue appealed against the CIT(A) order for the assessment year 2007-08, contending that the order was erroneous on facts and in law.

Issue 2: Eligibility for exemption u/s. 11
The CIT(A) erred in holding that the assessee is eligible for exemption u/s. 11 of the I.T. Act and that the exemption u/s. 11 can be alternatively claimed.

Issue 3: Necessity of obtaining notification u/s. 10(23C)(vi)
The CIT(A) ought to have confirmed the assessment as it is mandatory for the assessee to obtain notification u/s. 10(23C)(vi) of the I.T. Act.

The Departmental Representative argued that the assessee did not obtain the necessary notification under S.10(23C)(vi) of the Act, leading to the excess income over expenditure being rightly taxed by the Assessing Officer. The Tribunal noted that it is settled that an assessee can make an alternative claim under S.11 of the Act without the mandatory requirement of obtaining a notification under S.10(23C)(vi) of the Act. Therefore, the Tribunal upheld the assessee's right to make an alternative claim for exemption under S.11, based on previous decisions in favor of the assessee.

Additionally, the Tribunal referred to a previous case where it was held that an educational institution is entitled to exemption under S.10(23C) or under S.11 if no donations were collected from students. It directed the assessing officer to verify if any donations or fees were collected by the assessee and confirmed that if no additional charges were levied beyond the prescribed fees for student admission, the assessee would be entitled to exemption under S.11, even without the receipt of the notification under S.10(23C)(vi) of the Act.

In conclusion, the Revenue's appeal was allowed for statistical purposes, and the order was pronounced on 8.7.2011.