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2014 (5) TMI 937 - ITAT HYDERABADRefusal of exemption u/s 11 of the Act – Approval u/s 10(23C)(vi) of the Act – Educational institution – Held that:- The AO is not correct in denying exemption to the assessee on that ground alone - even in absence of approval u/s 10(23C)(vi) of the Act, the assessee can make an alternative claim of exemption u/s 11 of the Act if, otherwise, it satisfies the conditions laid down - So far as the other direction of the CIT(A) to the AO to verify and allow exemption u/s 11 of the Act, if the assessee has not collected any money by whatever name called over and above the prescribed fees for admission of the student - during the hearing of the appeals assessee pointed out that for subsequent AY 2011-12, the AO himself has allowed exemption u/s 11 of the Act, to the assessee – when the AO has himself has granted exemption u/s 11 to the assessee in AY 2011-12, there was no reason to interfere with the order passed by the CIT(A) – Decided against revenue.
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