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TMI Blog2019 (5) TMI 1857X X X X Extracts X X X X X X X X Extracts X X X X ..... cided against assessee. - ITA NO. 1083/Chd/2016 - - - Dated:- 30-5-2019 - SMT. DIVA SINGH Dr. B.R.R. KUMAR , JJ. Appellant by : Shri. B.M. Monga, Shri Rohit Kaura Respondent by : Shri. Ram Mohan Singh Order DR. B.R.R. KUMAR, J. The present appeal has been filed by the Assessee against the order of the Ld. CIT(Exemptions), Chandigarh dt. 31/08/2016. 2. In the present appeal Assessee has raised the following grounds: 1. That the order of Id. CIT (Exemptions), is bad in law as it did not appreciate that the conditions laid down under Section 10(23C)(vi) of the Income-tax Act, 1961 were duly fulfilled by appellant society and as such, the exemption as claimed should have been allowed. 2. That the Id. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Exemptions) has grossly erred in holding that the applicant society is charging exorbitant fees, without appreciating the actual facts figures and taking and reproducing the chart of some other society/school in para 7.1 of the impugned order. 8. That the Learned Commissioner of Income Tax (Exemptions) has grossly erred in misinterpreting the provisions of section 10(23C)(vi) wherein, the condition is with regard to expenditure/utilization of income. 3. Brief facts of the case are that the assessee filed an application in Form No. 56D dated 25.08.2015 before the Ld. CIT(E) requesting for grant of exemption / approval u/s 10(23C)(vi) of the Income tax Act, 1961. The assessee is a 'society' registered under Society's Regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 500 Admission Form 100 Admission fee (new admission) 8000 Re-admission to class XI (old student) 4000 Amalgamated fund (payable in 3 instalments) 3600 Security 2500 Child welfare fund 24 Tuition Fee 1st to 5th 2470 6th to 10th 2640 10th to 12th 3240 Additional subject 200 6. It was further argued that the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The intent is not to extend the exemption to all entities covered by the definition of person but only to a university or other educational institution. And hence he pleaded that the order of the Ld. CIT(E) needs to be confirmed. 8. We have heard the arguments of both the parties. The Income Tax Act envisages exemption u/s 10(23C)(vi) to Universities or Educational Institution only but not to Trusts. The relevant portion of the Act reads as under: (vi) Any income received by any person on behalf of - any university or other educational institution existing solely for educational purposes and not for purposes of profit, other than those mentioned in sub clause (iiiab) or sub-clause (Wad) and which may be approved by the prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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