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2011 (7) TMI 75 - HC - Income TaxAllowability - Exemption u/s 10(23C)(iiiad) - Since, arguments of the assessee was that if under Section 11 of the Act, benefit is not available, at least benefit under Section 10(23C)(iiiad) was available - However, the AO refused to even comment on merits of the claim of the assessee and simply objected to the plea of the assessee only on the ground that since no compliance was made on various noticed issued by the AO, the claim of the assessee could not be accepted - Held that:- It would clearly follow that an educational institution, if it is a Trust, can claim exemption as a Trust established for charitable purposes u/s 11 of the Act - It is also an option to seek the benefit of Section 10(23C)(iiiad) of the Act if the aforesaid conditions stipulated therein are fulfilled - Decided in favour of assessee. Assessee Trust is solely for the purposes of education or not - Hence, went through the documents including the MoU which was filed by the assessee before the authorities below and convinced that the activity actually carried out by the assessee was solely for the purpose of educational purpose and not for other purposes - Decided in favour of assessee.
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