9911796707
TMI Blog2014 (5) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... The Department is aggrieved by the order of the CIT(A) in holding that even in absence of approval 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 AYs under dispute, the assessee filed its return of income for the aforesaid two assessment years declaring "NIL" income after claiming exemption u/s 11 of the Act. During the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: 3.0 The appellant is admittedly registered under' sec. 12AA but had not been notified u/s. 10(23C) of the Act. The allowability of the alternative claim u/s 11 under similar circumstances is supported by the following judicial pronouncements: 1. CIT vs Bar Council of Maharastra [1981] 130 ITR 28(SC) 2.American Hotel and Lodging Association/ Educational Institute vs CBDT (2008) (170 Taxman 306) (SC) 3. Rajasthani Siksha Samithi (ITA No 80 & 81/Hyd/2008) 4. St. Theresa's Convent Society, .Hyderabad (ITA No. 844/Hyd/08) 5. ADIT(Exemptions) vs Louis Educational Society, (ITA No 1456/Hyd/2008, dt 26.12.2008) 6. AP Society for Knowledge (ITA No. 843/Hyd/09, dt 09.10.2009. 4.0 It was held in these cases that once all the req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issue, subject to verification of fulfilment of the above conditions. 5. We have heard the submissions of the parties and perused the materials on record. It is not disputed that the assessee is registered u/s 12A of the Act. The reason for which the Assessing Officer has refused exemption u/s 11 of the Act is, as the assessee is running an educational institution it has to get approval u/s 10(23C)(vi) of the Act. However, in our view, the Assessing Officer is not correct in denying exemption to the assessee on that ground alone. It is well settled by number of decisions of the ITAT, Hyderabad Benches that even in absence of approval u/s 10(23C)(vi) of the Act, the assessee can make an alternative claim of exemption u/s 11 of the Act if, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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