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2014 (3) TMI 469 - HC - Income TaxComputation of total income for the purpose of exemption u/s 10(23C)(iiiad) of the Act - Registration u/s 12A of the Act - The decision in Commissioner of Income Tax v. St.Mary's Malankara Seminary [2012 (3) TMI 263 - KERALA HIGH COURT] followed - imparting training to students in Seminary is also education and it is also with reference to very same assessee – now it need not ponder much over the issue or the controversy regarding the registration under Section 12A to be given to the assessee. Whether Section 12A registration should be given for the assessment 2005-06 – Held that:- The Tribunal opined that the amount shown under the other income head cannot be added to the receipts – it cannot be understood what exactly the Tribunal meant by making a statement that 'no man can make profit of himself' - the Tribunal has not explained what exactly this Rs. 17 lakhs amounts to - The order of the Tribunal does not provide a clear picture as to what this amount of Rs. 17 lakhs represents - If Rs. 17 lakhs is not counted as receipts, the total receipt would come within one Crore. If Rs. 17 lakhs is added, it crosses one Crore - Thus if this Rs. 17 lakhs is added, the entire scenario would change - In the absence of any particulars, the matter is remitted back to the Tribunal for clarification - It has to consider the source of Rs. 17 lakhs alone so as to consider the controversy under Section 10 (23C)(iiiad) of the Act – Decided partly in favour of Revenue.
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