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2011 (2) TMI 1235 - HC - Income TaxExemption under Section 10 (23C)(iii)(ab) of the Income Tax Act - assessing officer denied the exemption on the ground that, the assessee is not registered under Section 12A nor under Section 10(23C)(iv) of the Act, as such, the assessee cannot claim exemption – Commissioner was of the view that in order to get exemption, Government Aid should be more than 70%, in this case it is not more than 34%, he upheld the order of the assessing authority - assessee running 18 units, out of which, 12 units are not receiving any grants and only 6 institutions are receiving the Government Grant. If the percentage of Government Grant in respect of only 6 institutions is taken into consideration, this percentage would be 68.57%. If the Government Grant is considered as against all the 18 units, percentage would be 34.33% - Held that:- when 36.42% constitutes grant of the government aid to the educational institutions involved in the said case, it was held, it satisfies the requirement of Section 10(23C)(iii)(ab), government aid centers the status of Substantially Government Aided Institution and the assessee is entitled to the exemption, the order passed by the tribunal is in accordance with law and do not suffer from any legal infirmity, appeal is dismissed
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