9911796707
TMI Blog2010 (2) TMI 970X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities and remit back the matter to the file of AO with a direction that he shall reconsider the entire issue in the light of judgement of Supreme Court in the case of M/s Islamic Academy of Education Another Vs. State of Karnataka and Another [ 2003 (8) TMI 469 - SUPREME COURT] , and in the case of T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others [ 2002 (10) TMI 739 - SUPREME COURT] , and find out whether the assessee has received any money over and above the fees prescribed and thereafter decide the issue afresh in accordance with law after giving reasonable opportunity of hearing to the assessee . We make it clear that the assessee is not entitled for exemption either u/s 11 or u/s 10(23C) in case it collected any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r hearing both the parties, we are of the opinion that this issue has already been decided by the Tribunal vide its order dated 29.1.2009 in assessee s own case for the assessment years 2005-06 in ITA No.1120/Hyd/2009 by holding as follows:- 3. We have heard both the parties and perused the material on record. The learned Authorized Representative for the assessee submitted that this issue covered in favour of the assessee by the order of the Hyderabad Bench A of the Tribunal dated 15.4.2009 in assessee s own cases in ITA No.1133/Hyd/2006 for the assessment years 2003-04 and order dated 17.4.2009 in ITA No.1206/Hyd/2007 for the assessment year 2004-05. However, we find that the Constitutional Bench of Apex Court in the case of T.M.A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f M/s. Jamia Nizamia in ITA No.763/Hyd/2007 dated 30.6.2008, in the case of International Educational Academy, Hyderabad in ITA No.494/Hyd/2007 and 518/Hyd/2008 for the assessment years 2002- 2003 and 2004-05 and Sri Sai Sudhir Educational Society, Hyderabad in ITA No.999/Hyd/20-06 for the assessment year 2003-04. Therefore, we set aside the orders of the lower authorities and remit back the matter to the file of assessing officer with a direction to assessing officer that he shall reconsider the entire issue in the light of judgement of Supreme Court in the case of M/s Islamic Academy of Education Another Vs. State of Karnataka and Another (supra), and in the cased of T.M.A. Pai Foundation and Others Vs. State of Karnataka and Others (Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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