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2017 (12) TMI 1324 - AT - Income TaxRejecting approval u/s. 10(23C) - aims and objectives - Held that:- The fourth object is only identical and ancillary to the primary object of education. It may be true that assessee does not run a school to consider this objective, but the objects of the trust are incorporated for future use only. If there is no object, the trust would be prevented in opening/running a school. Therefore, having an object should not prevent the assessee in claiming exemption of income u/s. 10(23C)(vi). Moreover, the reading of object (badly drafted indeed, giving different meaning) indicates that the main intention is to make efforts to pick up children from various villages, engaged to worth with reference to Child Labour Act and giving them admission in school. The intention is to educate the children, who are exploited in villages with reference to Child Labour Act. This object in our view is ancilliary to the main object of education. Therefore, we are of the view that the objection of Ld.CIT(E) is not maintainable. Considering the above, we set aside the order of Ld.CIT(E) and restore the issue to the file of Ld.CIT(E) to grant exemption, if other conditions are satisfied. Ld.CIT(E) can also place a condition that if the funds are utilised for any other purpose other than for education, the exemption can be withdrawn at any time, so as to protect the interest of Revenue.
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