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TMI Blog2017 (7) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... is not clear as to whether the facts were identical when the exemption u/s 10 (23C)(iiiad) was allowed to the assessee in the preceding and succeeding years. Therefore, in the absence of clear facts on record deem it appropriate to set aside the issue back to the file of the learned CIT(A) to be adjudicated afresh, in accordance with law, after considering the various decisions relied by the assessee and also after verifying the facts from the record relevant to the preceding and succeeding year. Needless to mention that a due and reasonable opportunity of being heard be provided to the assessee. Appeal of assessee allowed for statistical purposes. - ITA No.4906/Del/2016 - - - Dated:- 13-2-2017 - N.K. SAINI, ACCOUNTANT MEMBER For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipts of the assessee includes hostel rent of ₹ 25,31,096/- as the hostel building was rented to Krishna Institute of Education and Technology. He, therefore, asked the assessee to explain as to why the hostel receipts should not be taxed. In response, the assessee submitted as under: With reference to the hostel rent being received by the society, we are submitting that the hostel building is being owned by the society and it's not being currently being used by the society for running the school, so it is completely judgmental to let out the concerned property to others. Owing to the above explanation, the society has let out to Krishna Institute of education and technology, which is again the education society giving educati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no just reason for disallowing the relief claimed. Also the below enclosed advance ruling empowers the similar view that if the income is received from one society to one society to other society have same character, it will be entitled for exemption. 5. The learned CIT(A) after considering the submissions of the assessee confirmed the action of the AO by observing in para 5 and 6 of the impugned order which read as under: 5. Having considered facts and circumstances and rival contentions, I find that the rent receipt cannot be held to be from charitable activity of education. The appellant has not shown how the cited cases are relevant in the case of appellant. On the other hand I find that the Hon'ble jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, keeping in view, the principles of consistency, exemption u/s 10 (23C) (iiiad) of the Act ought to have been allowed for the year under consideration also. 7. Reliance was placed on the following case laws: * DDIT Vs Arya Vysya Maternity Home Child Welfare Fund 154 ITD 844 (Chennai) * DIT Vs Sahu Jain Trust (2011) 11 Taxmann.com 436 (Calcutta) * DIT Vs Lala Lajpatrai Memorial Trust (2016) 383 ITR 345 * Param Hans Swami Uma Bharti Vs ACIT in ITA No. 4154/2011 (Del) * Jyoti Prabha Society Vs CIT (2003) 87 ITD 126 (Del.) * Queens s Educational Society Vs CIT (2015) 372 ITR 699 (SC) * CCIT Vs St. Peter s Educational Society (2016) 385 ITR 66 (SC) 8. It was further submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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