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TMI Blog2014 (5) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... on by a Private Limited Company in the same "group" as the assessee - The observations which are extracted in the order of the AO are from the order passed by the CIT-II, Agra on 23 August 2011 rejecting the request of the assessee for registration u/s 12AA - the assessee is a trust and not a Private Limited Company - The trust does not carry on any other business save and except conducting education - the entitlement of the assessee to the exemption u/s 10(23C) was dealt with by the CIT(A) – there was no reason or justification to hold that the CIT(A) ought to have remitted the proceedings before the AO – no substantial question of law arises for consideration – Decided against Revenue. - Income Tax Appeal Defective No. - 38 of 2014 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inars, classes of dance, plays, debates etc. (vide para 5(a), 5(d), 5(e), 5(h), 5(i) and 5(k) etc. of trust deed). 3. Whether the Hon'ble ITAT has erred in law and on facts in deleting the addition of Rs.40,20,000/- made by the AO without appreciating that there was no registration granted u/s 12AA of the I.T. Act for the assessment year under consideration and the claim of exemption u/s 10(23C)(iiiad) was never raised before the AO during the course of assessment proceedings. The assessee was assessed as an association of persons for Assessment Year 2009-10. During the course of the previous year relevant to the Assessment Year, the assessee received donations aggregating Rs.40.20 lacs. The assessee claimed an exemption under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... informed by counsel for the Revenue that the revenue has accepted the judgment since no Special Leave Petition was filed before the Supreme Court. Section 10(23C)(iiiad) provides that the following income shall not be included in computing the total income of the assessee for the previous year:- (23C) any income received by any person on behalf of - ................................. ................................. ................................. ................................. ................................. ................................. (iiiad) any university or other educational institution existing solely for educational purposes and not for purposes of profit if the aggregate annual receipts of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n assessee cannot be held not to exist solely for educational purposes merely on the basis that the object clause under which the assessee is constituted contains certain generalised objects, so long as the assessee had carried on no other activity save and except conducting education. This principle had been laid down in a judgment of the Bombay High Court in Vanita Vishram Trust Vs. Chief Commissioner of Income Tax Anr.2. This view has been followed by a Division Bench of this Court in C.P. Vidya Niketan Inter College Shikshan Society Vs. Union of India3 and Neeraj Janhitkari Gramin Sewa Sansthan (supra). In the present case, it has never been the contention of the revenue either before the CIT(A) or before the Tribunal that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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