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2019 (10) TMI 705 - AT - Income TaxApproval u/s 10(23C)(vi) - educational institution - CIT(E) observed that assessee was not eligible for approval since it did not satisfy the conditions necessary for grant of approval being existing solely for education and not earning profits AND assessee had rented property from related parties thus attracting the provisions of section 13(1)(c) of the Act and on that certain information and submissions called for as being necessary for the grant of approval, were not filed by the assessee - HELD THAT:- A perusal of the order reveals that the Ld.CIT(E) has not carried out any investigation into the matter which are relevant for the grant of approval u/s 10(23C)(vi) - As pointed out by the CIT(E) himself in para 4 of the order, that for the purpose of grant of approval under the said section, the applicant needs to specify that it exists solely for educational purposes and not for the purpose of profit. From the entire order of the CIT(E) we find that there is no examination on the aspect of existence of the assessee for imparting education. There are no findings as to how the school was established by the society. Whether affiliation was granted to the school by any Board of Education, if so, the number of students being taught in the school and teachers therein, their qualifications and such other aspects to completely bring out the fact of the society existing solely for the purpose of education. We find that even the assessee has not brought out these facts in the letters submitted to the CIT(E). Restore the issue back to the CIT(E) for considering the approval afresh. The same was confronted to both the counsels who did not object to the same. - Appeal of the assessee stands allowed for statistical purposes.
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