9911796707
TMI Blog2015 (3) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... n under section 10(23C)(iiiad) of the Act. All the four appeals relating to the same assessee on similar issue were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The facts of all the cases are identical but reference is being made to the facts in ITA No. 223/CHD/2014 for adjudicating the issue. The grounds of appeal as raised in ITA No. 223/CHD/2014 read as under : 1. The order passed by the learned CIT (A) is contrary to law & facts of the case. 2. The learned CIT (A) has erred in law in holding that assessee is not entitled to exemption under section 10(23C)(iiiad) of IT Act 1961. 3. The Learned CIT(A) has erred in law and facts that income of "Sarswati Nursing Institute" being run ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the plea of the assessee observed that prior to 2011, the objects of the assessee were not exclusively for education and as the essential condition for exemption under section 10(23C)(iiiad) of the Act. was not fulfilled, the assessee was not entitled to the said exemption. Further disallowances were made on various accounts by the Assessing Officer and the income was computed in the hands of the assessee at Rs. 17,26,705/-. 5. The Commissioner of Income Tax (Appeals) held that the income in the hands of the assessee-society would be exempt under section 10(23C)(iiiad) of the Act only if the institution existed solely for educational purposes. However, the objects of the assessee included objectives other than education and the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject left was in the field of education i.e. running of Nursing Institute. The ld. AR for the assessee further pointed out that the assessee has been granted the registration under section 10(23C)(iiiad) of the Act for the assessment year 2011-12 by the Chief Commissioner of the Income Tax, Chandigarh vide order dated 19.08.2011 copy of which is placed at page 1 & 2 of the Paper Book. 7. The ld. DR for the revenue placed reliance on the order of Commissioner of Income Tax (Appeals). 8. We have heard the rival contentions and perused the record. The assessee-society was constituted in the year 2002 and was registered with the Registrar of Societies under Registration No. 785 dated 30.04.2003. The aims and objects of the assessee-society we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Indian Nursing Council. The assessee has placed on record the note on its activities which is placed at page 45-46 of the Paper Book. The assessee claims that it was imparting the said training to the girls students only on minimum charge basis, which was fixed by the State Government. The said training was imparted free of cost to certain poor students as mostly the girls from the surrounding village were taking training from the institute. Later on, the assessee started the course of B.Sc (Nursing) Course Basic, B.Sc Nursing Basic and course of A.N.M. Under the said courses, the students who wanted to convert their diploma into degree were joining B.Sc Nursing Course Basic after G.N.M. The students who were only matriculate were elig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne Crore or less. The assessee has placed on record its audit report alongwith the audited balance sheet and Profit & Loss Account and also the copy of return of income filed for the assessment year 2007-08 at page 5 to 29 of the Paper Book. The perusal of the Profit & Loss Account placed at page 27 of the Paper Book reflects the assessee to have received fees totaling Rs. 54,66,000/-, other receipts of Rs. 27,360/- subscription of Rs. 1680/- and interest received from bank at Rs. 8241/-. Perusal of the Profit & Loss Account filed by the assessee for the financial year 2006-07 reflects that the only source of income was of M/s Saraswati Nursing Institute i.e. the institute run by the assessee and was from the fees received from its students ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rly established that it was solely engaged in providing education to the girl students in the rural area in which it had established its Nursing Institute. In the entirety of the above said facts and circumstances, we direct the Assessing Officer to allow the benefit of exemption under section 10(23C)(iiiad) of the Act. 13. Another aspect to be considered is that in assessment year 2011-12, the assessee had amended its aims and objects and thereafter had applied for registration before the Chief Commissioner of Income Tax, Chandigarh, who in turn vide order dated 19.08.2011 had approved M/s Saraswati Nursing Institute to be eligible for exemption and had passed the order under section 10(23C)(vi) of the Act. In the totality of the abovesai ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
