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2017 (4) TMI 454 - AT - Income TaxDenying benefit under section 10(23)(iiib) - Held that:- We are concerned with income provided under clause, 10(23)(C)(iiiab) which reads …. Any income received by any person on behalf of …….any university or other educational institution existing solely for educational purposes and not for purposes of profit, and which is wholly or substantially financed by the government…..” In the order for the Asstt.Year 2006-07, the Tribunal has observed that the assessee is a hundred percent government institution imparting education in tribal regions, as per the directions of the Central Government from whom grants are received. In order to substantiate this claim, the assessee has made reference to a large number of documents which has been referred by the Tribunal in its order dated 25.11.2011 (extracted supra). The ld.CIT(A) has examined these aspects in the light of this order and observed that the assessee is entitled to exemption provided in section 10(23C)(iiiab). The question before us is what is the material collected by the AO in this assessment to deny this benefit to the assessee. A perusal of the assessment order would indicate that he has not made reference to any circumstances or documents. Similarly, the department has merely filed appeal for the sake of filing, otherwise it has also not placed any document on record which can suggest that the assessee does not fulfill criterion contemplated in section 10(23C)(iiiab). - Decided in favour of assessee.
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