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2013 (7) TMI 812 - HC - Income TaxDeduction u/s 10(23C)(iv) and 11 - Property purchased in name of individual - Tribunal granted deduction as assessee runs school - Held that:- The sole objection raised by the Assessing Officer for denying the exemption to the assessee was that the property was purchased in the name of Smt. Bharti madhok, director of the assessee society. The assessee is a society which cannot represent itself before the Registrar for the purpose of registration of the sale deed. Somebody has to represent the assessee society in the sale deed for getting it registered. The director of the assessee society is a competent person to represent the assessee society for getting the sale deed registered - It is not a case of diversion of funds for purchasing the property for the benefit of the director. It is not in dispute that the land and building is used for the purpose of the assessee society for educational purposes. In the assessment year 2003-04 the Additional Commissioner of Income tax issued directions to the Assessing Officer on the same set of facts and directed to grant exemption to the assessee. It was also held that the vehicles are purchased for the benefit of the assessee society. Even the CBSE has granted recognition and approval to the assessee society to run the educational school in the same property. Exemptions under Section 10 (23c) (vi) of the Act can be claimed by the assessee without applying for registration under Section 12A of the Act, as it is not required to fulfill the conditions mentioned under Section 11 of the Act in claiming exemption under Section 10 (23c) (vi) of the Act, as explained by this Court in Commissioner of Income Tax and another vs. M/s Jeevan Deep Charitable Trust [2012 (12) TMI 818 - ALLAHABAD HIGH COURT] Decided against Revenue.
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