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2011 (2) TMI 72 - HC - Income TaxExemption u/s 10(23C)(vi) - The judgment of Uttrakhand High Court rendered in the case of Queens Educational Society (2007 -TMI - 75307 - UTTARAKHAND HIGH COURT) and the connected matters, is not applicable to cases fall within the provisions of Section 10(23C)(vi) of the Act. There are various reasons, which have been discussed in para 8.8 of the judgment, and the judgment of Allahabad High Court rendered in the case of City Montessori School (2009 -TMI - 33744 - ALLAHABAD HIGH COURT) lays down the correct law. The Chief Commissioner has erred in assuming that for exemption there should not be any surplus, otherwise the institution society exists for profit and not charity i.e. education in the present case. – reasoning inscribed by the competent authority solely on the foundation that there has been some surplus profit is unjustified. - Writ petition are allowed
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