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TMI Blog2011 (6) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... ting various courses and giving instructions through coaching classes for which separate fee has been charged and holding seminars/ conferences and further laying down Accounting Standards for commercial transactions come with the purview of Education within section 2(15) of the IT Act. 3. In this case Assessing Officer has held that income from coaching classes was taxable in the hands of the assessee. It was held that that assessee is not registered under section 12A as it has not produced any documentary evidence that it is registered under section 12A. Hence, benefit of section 11 of the IT Act is denied to the assessee. Thus, the Assessing Officer assessed the income of the assessee at ` 35,334,12,000/- after disallowing exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of giving training to the future Chartered Accountants, for which it has been enacted by the Parliament and further emphasizing that CBDT while granting Notification u/s 10(23C)(iv) of the Act to the appellant Institute was well aware about the component of its income reflected in Annual accounts filed with the application for applying for exemption of income u/s. 10(23C)(iv) of the Act consistently to the assessment year 2005-06, and therefore the objection of the Assessing Officer in this respect is misconceived, even on the Principle of Doctrine of Consistency enunciated by Hon ble Supreme Court in the case of Radhaswamy Satsang (cited supra). Pursing the Chartered Accountants regulations, annual accounts of the appellant Institute and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the objectives for which the assessee has been established. Hence, ground no. 6 is allowed in favour of the appellant. The Ld. Commissioner of Income Tax (Appeals) further took note that Hon ble ITAT, Delhi Bench in ITA No. 1853/Del/2010 also held that: The institute as such merely it is receiving coaching fee from students for imparting education, cannot be said to have been carrying on the business and accordingly it is not required to maintain separate books of accounts as alleged by DIT(E). The income of the coaching classes earned by the assessee institute is within its objects and its regulations and further these activities are educational activity within the definition of section 2(15) of the Income Tax Act, 1961, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e income of the Institute is exempt not only u/s 10(23C)(iv) but also under section 11. The institute is an educational institute and hence its income will also be exempt under section 11 as education falls within the meaning of charitable purpose under section 2(15) of the Act. 7. In light of the above, ld. counsel of the assessee contended that this issue stands covered in favour of the assessee by the decision of this tribunal as above. 7.1 Ld. Departmental Representative could not controvert this proposition. He fairly agreed that this issue stands covered by the said tribunal order. 8. Accordingly, in the background of the aforesaid discussion and precedent, we do not find any infirmity or illegality in the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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