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2020 (2) TMI 1139 - AT - Income TaxExemption u/s 11 - claim for exemption u/s 10(23C) (iiiad) denied - assessee is a society running three different schools at Ravipadu village - HELD THAT:- We observe that receipts of each educational institution did not exceed ₹ 1.00 crore as specified in section 10(23C)(iiiad) of the Act. In Section 10(23C)(iiiad) of the Act, the word used is any university or educational institution existing solely for educational purpose, but not the person. The assessee filed the return of income admitting Nil income claiming exemption u/s 11, however, before the AO, the assessee made a claim for 10(23C)(iiiad) vide letter dated nil filed before the AO in response to the notice u/s 142(1) which was placed in page No.14 to 21 of the paper book. In Children’s Education Society [2013 (7) TMI 519 - KARNATAKA HIGH COURT] considered the similar issue and held that if the receipt of each educational institution does not exceed ₹ 1 crore, the same required to be not to be included in computing the total income of the assessee. In the instant case, there is no dispute that the assessee is running different educational institutions and the receipts of each educational institution does not exceed more than ₹ 1.00 crore as per the details given above. Therefore, we hold that the assessee is entitled for exemption u/s 10(23C)(iiiad) - Decided in favour of assessee.
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