9911796707
TMI Blog2014 (4) TMI 400X X X X Extracts X X X X X X X X Extracts X X X X ..... Department is aggrieved by the order of the CIT(A) in holding that even in absence of apprval u/s 10(23C) the assessee society being registered u/s 12A of the Act can claim exemption u/s 11 of the Act and further directing the Assessing Officer to allow exemption to the assessee u/s 11 if the assessee has not charged any money by whatever name it is called i.e. donation, building fund, auditorium fee etc., over and above the prescribed fees for admission of the students. 3. Briefly the facts are, the assessee a society is registered u/s 12A of the Act. For the AY under dispute, the assessee filed its return of income for all the aforesaid assessment years declaring "NIL" income after claiming exemption u/s 11 of the Act. The assessment for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the conditions laid down u/s 11 to 13 of the Act. The observations made by the CIT(A) are extracted hereunder: 3.1 The second issue in appeal, applicable for all the three appeals, is the rejection of the claim of the appellant for exemption u/s 11. The Assessing Officer held that since the appellant was engaged in running an educational institution, it was eligible for exemption u/s 10(23C)(vi), and not u/s 11, and since it had not obtained the requisite approval u/s 10(23C)(vi), he disallowed the claim of exemption. 3.2 The appellant is admittedly registered under' sec. 12AA but had not been notified u/s. 10(23C) of the Act. (Though the approval u/s 10(23C) has subsequently been granted by the CCIT-I, Hyderabad vide his order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A no. 763/Hyd/2007, dated 30.6.2008) 3. International Educational Academy (ITA No. 494/Hyd/2007) 4. Sri Venkata Sai Educational Society (ITA No. 1440/Hyd/2011, dated 9.4.2012) 3.5 Following the above decisions of the jurisdictional ITAT, it is held that if the Assessing Officer has found that besides fulfilling other prerequisites for exemption u/s. 11, as stipulated in sections 11 to 13 of the Act the appellant did not charge any money, by whatever name it is called, i.e. donation, building fund, auditorium fee etc., over and above the prescribed fee for the admission of the, student, the appellant would be entitled for exemption u/s. 11, even if the, notification u/s. 10(23C) of the Act has not been obtained by it. The appeal is, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in para 3.4 of her order, we direct the Assessing Officer to verify the claim of the assessee and if the assessee has not collected any money over and above the prescribed fees for admission of the student by whatever name called and if the assessee otherwise has fulfilled the conditions prescribed u/s 11 to 13 of the Act, then, it will be eligible for exemption u/s 11 of the Act. With the aforesaid direction, the matters are remitted to the file of the Assessing Officer for taking a decision afresh after affording reasonable opportunity of hearing to the assessee.
6. In the result, all the three appeals filed by the revenue are allowed for statistical purposes.
Order pronounced in the open court on 04/04/2014. X X X X Extracts X X X X X X X X Extracts X X X X
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