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2014 (9) TMI 723 - HC - Income TaxAssessment of income of trust - Charitable purpose u/s 2(15) – Exemption u/s 10(23C) – Advancement of education in music both vocal and instrumental, dance, painting and science, commerce - an educational institution not for profit purpose and having a gross annual receipt of more than ₹ 1crore. - Held that:- The Chief Commissioner of Income Tax neither considered the facts nor the law properly - He was required to consider whether some form of information about or training regarding a subject was being imparted by the petitioner institution – also, whether the instruction resulted in intellectual, moral or social benefit in keeping with the definition of the word “education” in the Concise Oxford Dictionary - He was also required to take into account the judicial pronouncement - the Chief Commissioner Income Tax was required to consider whether the educational process was being carried on in a systematic way by its arrangement into courses, classes, a specific number and length of classes in a day, following set syllabi etc. - The system of promotion, gradation, granting of diploma certificates etc. had also to be gone into – thus, the order of the Chief Commissioner Income Tax is set aside and the matter is remitted back for fresh consideration – Decided in favour of assessee.
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