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2010 (11) TMI 761 - HC - Income TaxApproval u/s 10(23C)(vi) rejected - Held that:- The certificate signed by the Commissioner of Endowments, as the appropriate authority under section 43 of the A. P. Act No. 30 of 1987, is but one of the factors, and not conclusive proof, of an assessee under the Income-tax Act being a charitable institution existing solely for the purposes of education - Registration under section 43 of the A. P. Act 30 of 1987 is not a condition precedent for seeking approval under section 10(23C)(vi) of the Act If there are several objects of a society some of which relate to “education”, and others which do not, and the trustees or the managers, in their discretion, are entitled to apply the income or property to any of those objects, the institution would not be eligible to be regarded as one existing solely for educational purposes, and no part of its income would be exempt from tax - The existence of an educational institution, solely for the purposes of education, is a pre-condition for grant of approval and, as the objects aforementioned are not for educational purposes, the Chief Commissioner cannot be faulted for rejecting the applications seeking approval under section 10(23C)(vi) of the Act- Against assessee.
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