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2014 (4) TMI 400 - AT - Income TaxClaim of exemption u/s 11 of the Act – Society registered u/s 12A of the Act without approval u/s 10(23C) of the Act – Held that:- The AO is not correct in denying exemption to the assessee - even in absence of approval u/s 10(23C)(vi) of the Act, the assessee can make an alternative claim of exemption u/s 11 of the Act if, otherwise, it satisfies the conditions laid down - the CIT(A)’s order being is upheld. Verification and allowability of exemption u/s 11 of the Act – Held that:- If the assessee has not collected any money by whatever name called over and the prescribed fees for admission of the student – the AO is directed to verify the claim of the assessee and if the assessee has not collected any money over and above the prescribed fees for admission of the student by whatever name called and if the assessee otherwise has fulfilled the conditions prescribed u/s 11 to 13 of the Act, then, it will be eligible for exemption u/s 11 of the Act – thus, the matter is remitted back to the AO for fresh adjudication – Decided in favour of Revenue.
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