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2011 (7) TMI 422 - HC - Income TaxApproval - Under Section 10(23C)(vi) - The petitioner had stated before the respondent (and his counsel also made a statement before us during arguments) that even if the petitioner society states some other activities as per its object clause, the surplus arising from the educational activity will not be utilized for any other purpose, but solely for educational purpose - The respondent has denied exemption to the petitioner society merely on suspicion that it may deviate from it in future. The income of the petitioner society had been assessed at NIL under Section 11 of the Act till the assessment year 2001-02. For the assessment year 2003-04 and 2004-05, the assessment has been completed under Section 143(3) of the Act vide assessment order dated 28.2.2006 and 24.11.2006 respectively and the total income has been assessed at NIL under Section 11 of the Act. Though for the assessment year 2002-03 the AO had passed orders dated 22.3.2005, denying exemption under Section 11 of the Act to the petitioner, this order was set aside by CIT(A) in appeal holding that the petitioner was entitled to exemption under Section 11 of the Act - Therefore, remit the matter to the respondent for fresh adjudication in accordance with law - It will be also open to the respondent to incorporate conditions while passing the order and call upon the petitioner society to furnish an undertaking or affidavit that they would not breach any of those conditions - The writ petition is accordingly disposed of.
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