TMI Blog2013 (7) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... t required to fulfil the conditions mentioned under section 11 of the Act while claiming the exemption under section 10(23C)(vi) - Tribunal had rightly restored the registration on the ground that in the A.Y. 2004-05 and 2006-07 the benefit of exemption/deduction under section 11 of the Act was allowed to the assesse - the order passed by the CIT there is no doubt that the assessee has not fulfilled any of the conditions of section 11 for claiming it to be a charitable institution – appeal decided against revenue. - - - - - Dated:- 29-10-2012 - AGRAWAL R. K., RAM SURAT RAM (MAURYA) JJ. JUDGMENT The present appeal has been filed under section 260A of the Income-tax Act, 1961, hereinafter referred to as "the Act" against the order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption under section 10(23C)(vi) of the Act on the ground that the income earned by it is relating to educational institution as the institution is solely for the education purposes. The claim of exemption under section 10(23C)(vi) of the Act was disallowed by the Chief Commissioner of Income-tax, Varanasi, vide order dated February 25, 2009, on the ground that in the objects of the institution there are certain other objects, which proves that the institution has not solely been established for educational purposes. Relying on the said order proceeding under section 12AA(3) of the Act was initiated and, vide order dated May 22, 2009, the Commissioner of Income-tax, Varanasi, cancelled the registration granted to the respondent-assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion has been established solely for the educational purposes and is a profit-earning institution exemption under section 10(23C)(vi) of the Act having been rightly denied to it as it ceased to be a charitable institution, therefore, the Tribunal has erred in restoring the registration. The submission is wholly misconceived. Admittedly, one of the objects of the trust was for running educational institutions and imparting education. The trust, however, has other objects also, which are reproduced below : "(i) Development of scientific education amongst Indian children. (ii) Modern education with moral duty and character building in accordance with the Indian culture as well as development of educational atmosphere.(iii) To provide as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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