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2019 (2) TMI 46 - AT - Income TaxExemption u/s 10(23C)(vi) - excess of income over expenditure from running the school - AO treated the building fund and building maintenance fund as revenue receipts and added the same to the income of the assessee - Held that:- We find that the issue is covered in favour of the assessee by the order of the Tribunal in assessee’s own case for assessment years 2010-11 Perusal of the order passed by CIT Exemption lying at Page 8 of the paper book filed by the assessee, apparently shows that the application in Form 56D for claiming exemption u/s 10(23C) (vi) was filed on 15/03/2008 by the assessee and consequently CIT Exemption accorded the approval with effect from the Assessment Year 2008-09. Thus respectfully following the order of the Coordinate Bench in assessee’s own case for assessment year 2010-11, we restore the issue to the file of the Assessing Officer to decide the matter afresh in light of the order of approval u/s 10(23C)(vi) of the Act, vide order dated 15.6.2015, and having retrospective effect after providing adequate opportunity to the assessee. - deciced in favour of assessee for statistical purposes.
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