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TMI Blog2022 (11) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... rion for claiming exemption u/s 10(23C) (iiiad) are that running the educational institution and the turnover should be below Rs. 1 crore. The assessee accumulated both the conditions for getting exemption u/s 10(23C) (iiiad). We set aside the order of the CIT(A). The addition made by the ld. AO amount u/s 143(1) is liable to be quashed. Accordingly, the appeal of the assessee is allowed. - I.T. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is an educational trust and running schools about 125 years. The assessee trust has been regularly filing its return by claiming exemption u/s 10(22) of the Act. And after the abolition of section 10(22) the trust has been filing its return by claiming exemption u/s 10(23C) (iiiad) of the Act and his exemption was duly allowed by the department. During the assessment year under appeal t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the turnover is below Rs.1 crore. The assessee also registered u/s 12AA of the Act. The assessee is eligible for exemption u/s 10(23C)(iiiad) of the Act. During processing of the return the ld. AO rejected the assessee s claim u/s 11. The same issue was agitated before the ld. CIT(A). The ld. CIT(A) did not consider the submission of the assessee. Prayer was made before the CIT(A) for considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be applied to specific institutions even though general provisions also may support the case. Here in the present appeal, the assessee is an educational center i.e. a specific activity even though in the nature of charitable activity. A specific provision of law is available under section 10(23C)(iiid) for the benefit of the educational institutions. Therefore, more appropriately, the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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