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2015 (4) TMI 297 - HC - Income TaxExemption/approval, filed under Section 10(23C)(vi) rejected - Held that:- Whether the issue was correctly decided or not, is not relevant at this stage. The fact is that the order dated 23.03.2009 was set aside by the Division Bench vide order dated 29.01.2010, in its entirety. It is necessary, therefore, for the CCIT to decide the matter afresh including on the question of limitation. In the circumstances, the impugned order rejecting its application for exemption is set aside. We are informed that the matter is, now, to be decided by the Commissioner of Income Tax (Exemption), Chandigarh, afresh, in accordance with the judgment titled Kashatriya Sabha Maharana Partap Bhawan, Kurukshetra Vs. Union of India & another, [2010 (1) TMI 1151 - PUNJAB AND HARYANA HIGH COURT] wherein held that earning profits is not a deciding factor to conclude that an educational institution exists for profit. We reiterate that all the issues including the issue of limitation shall be decided after keeping in mind the principles laid down by the Apex Court M/s Queen's Educational Society Vs. Commissioner of Income Tax, [2015 (3) TMI 619 - SUPREME COURT]
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