2016 (4) TMI 874 - SUPREME COURT
Visvesvaraya Technological University Versus Assistant Commissioner of Income Tax
Exemption from payment of tax under the provisions of Section 10(23C)(iiiab) - direct grant from the Government - Purpose of University Held that - Having regard to the text and the context of the provisions of Section 10 (23c) (iiiab), 10 (23c) (iiiad) and 10 (23c) (vi) it will be reasonable to reach a conclusion that while Section 10 (23c) (iiiab) deals with Government Universities, Section 10 (23c) (iiiad) deals with small Universities having an annual turnover of less than Rupees One Crore (as prescribed by Rule 2 (BC) of the Income Tax Rules). On a similar note, it is possible to read Sec ....... - .......
2016 (4) TMI 466 - BOMBAY HIGH COURT
The Commissioner of Income Tax (Exemptions) Versus M/s. Saifee Hospital Trust
Appeal admitted on substantial question of law as framed at question (b). - Whether, on the facts of the case and in law, the Tribunal was right in allowing the assessee s claim of exemption u/s. 10(23C) (via) of the Act without appreciating the fact that the assessee is running separate business activity of Gymansium, Cafeteria and Pharmacy which does not come under the ambit of charity of Hospital and all these activities are business activities and not charitable activity as cla ....... - .......
2016 (3) TMI 760 - MADRAS HIGH COURT
B.S. Abdur Rahman Institute of Science & Technology Versus The Chief Commissioner of Income Tax-3, Chennai
Eligibility of exemption u/s Sec.10(23C)(vi) - Held that - It is not in dispute that Clause-4 of the Memorandum and Articles of Association was deleted on 02.06.2014 and the effect of deletion of the said Clause will come into force only prospectively and it cannot be retrospective. As per Section 2(15) of the Act Charitable purpose means charitable purpose includes relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wild life) and preservation of monuments or places or objects of artistic or historic interest and the advancement of any ....... - .......
2016 (3) TMI 1066 - ITAT CHENNAI
Sengunthat Matriculation Higher Secondary School Versus The Chief Commissioner of Income Tax, Tiruchirappalli
Entitlement to exemption u/s.10(23C)(vi) - Held that - Merely because the Assessee School does not have power to purchase, acquire, or sell the property, does not mean that the school will cease to exist as an Institution. Thus the STATUS of the Assessee could be A.O.P. in the absence of any Memorandum of Association or Trust Deed. Considering the above decision of the I.T.A.T.Delhi Bench, in the present case also the above Matriculation School which is managed by Education Board and granted permission by the Director of School Education as early as 07.10.1997 is an Institution qualifying for ....... - .......
2016 (2) TMI 803 - KARNATAKA HIGH COURT
M/s United Education Society Versus The Chief Commissioner of Income Tax
Eligibility of exemption under section 10(23C) (iiiad) - annual receipt of the society was less than the prescribed limit i.e., One Crore - Held that - . In view of the said explanation offered by the appellant and considering the scope of an enquiry by the prescribed authority for grant of approval under Section 10(23C)(vi) of the Act as explained by the Apex Court in American Hotel & Lodging Assn. Educational Ins ....... - .......
2016 (2) TMI 522 - PUNJAB AND HARYANA HIGH COURT
Param Hans Swami Uma Bharti Mission Versus Chief Commissioner of Income Tax, Panchkula and anr
Validity of approval issued under Section 10 (23 C) (vi) - whether in view of CBDT circular dated 27th of October, 2010, the petitioner was required, to file an application for exemption and if not, whether the Chief Commissioner could have rejected the application, for exemption? - Held that - A perusal of Clause (4), reveals that approvals granted on or after 1st December, 2006, shall be valid till they are withdrawn. The argument by counsel for the revenue that the circular would come into effect from October, 2010, by reference to Clause (5) of the circular is not tenable as Clause (5) of ....... - .......
2016 (1) TMI 681 - ITAT PUNE
Mercedes Benz Education Academy Versus The Income Tax Officer, Ward – 11 (1) , Pune
Reopening of assessment - claim of exemption under section 10(23C)(vi)denied - eligibility for approval from the prescribed authority - Held that - Upholding the order of CIT(A), we hold that the assessee is not entitled to the aforesaid deduction under section 10(23C)(vi) of the Act, in the absence of a approval being granted by the prescribed authority. We also uphold the order of Assessing Officer in treating the assessee as AOP instead of an institution solely existing for imparting education. - Denial of deduction under section 10(23C)(vi is the taxability of receipts after adjustment of ....... - .......
2015 (12) TMI 695 - ITAT DELHI
JCIT, Range 2, Muzaffarnagar Versus M/s. Shamli Samaj Kalyan Samiti
Addition on account of income siphoned out - benefit of section 10(23C)(iiiad) denied - CIT(A) deleted the addition - Held that - As the society is definitely engaged in educational activity which is charitable u/s 2(15) of the Act and has maintained separate accounts in respect of each educational institution. The institutions of the society is entitled for claiming benefit of section 10(23C)(iiiad) of the Act being income of each educational institutions being less than ₹ 1 Crore, therefore, we observe that the AO has wrongly invoked the provisions of section 11 of the Act as the asses ....... - .......
2015 (12) TMI 1278 - ITAT CHANDIGARH
The Income Tax Officer, Ward VI (3) , Ludhiana Versus Shri Balaji Prem Ashram and Nikhil Vidyalaya
Exemption under section 10(23C)(iiiad) - CIT(A) allowed the claim - Held that - From the perusal of the said proviso, we see that the provisions of this proviso are applicable only to clauses (iv), (v) (vi) and (via) of section 10(23) of the Act. Since the assessee is claiming exemption under section 10(23C)(iiiad) of the Act, there is no need to file Audit Report in Form No.10BB. In view of the above, the assessee has complied with all the conditions of section 10(23C)(iiiad) of the Act. We do not find any infirmity in the order of the learned CIT (Appeals) and confirm the same. - Decided in ....... - .......
2015 (10) TMI 600 - DELHI HIGH COURT
Director of Income Tax (Exemption) Versus All India Personality Enhancement & Cultural Centre For Scholars Aipeccs Society And Vica-Versa
Income from All India Personality Enhancement and Cultural Centre for Scholars AIPECCS Society - whether exigible to tax under the Act? - whether Assessee was not functioning solely for the purposes of education and, therefore, was not eligible for exemption under Section 10(22) of the Act? - Assessee submitted that since Revenue had not challenged the order dated 4th August, 2006 passed by the Tribunal under Section 254(2) it was not open for the Revenue to impugn the same in the present appeal and as by virtue of Section 10(22) of the Act, the income of the Assessee was not chargeable to tax ....... - .......
2015 (9) TMI 1306 - DELHI HIGH COURT
Ram Piyari Devi Charitable Trust And Another Versus Director General of Income Tax, Delhi & Another
Grant of exemption u/s 10(23C) (vi) and (via) rejected - educational institute - profit motive - Held that - The inquiry conducted by the Director General with regard to the application of funds and generation of profit is to be conducted post the grant of approval. If the above conditions are satisfied, in the first instance, the Competent Authority is to grant approval. The Competent Authority is empowered to impose conditions while granting such approval. The inquiry whether the conditions had been complied with or not, as envisaged by the third proviso to Section 10(23C), is to be conducte ....... - .......
2015 (12) TMI 1071 - PUNJAB AND HARYANA HIGH COURT
The Commissioner of Income Tax, Rohtak Versus Jat Education Society, Rohtak
Eligibility for exemption u/s 11 denied - CIT(A) held that the assessee was not eligible for exemption under Section 10(23C)(iiiab) - ITAT allowed assessee appeal holding that the institution/society run by the assessee had received substantial Government aid for the purpose of claiming exemption under Section 10(23C)(iiiab) - Held that - In the present case, there has been financing by the Government when examined on individual institution basis to be ranging from 41 to 82 whereas when the percentage is taken for the society as a whole then it comes to 44.52 and 45.15 for the two years. The T ....... - .......
2015 (12) TMI 37 - ITAT MUMBAI
The South Indian Education Society, Versus The DCIT & Vice-Versa
Non-granting of exemption u/s. 10(23C)(iiiab) - denial of benefits of exemption u/s. 11 also - Held that - An identical issue was considered by the Tribunal, Pune Bench in the case of Deccan Education Society 2015 (7) TMI 649 - ITAT PUNE wherein also the Tribunal had the occasion to consider the fact that the institution was accepting capitation fees in the form of donation and the Tribunal allowed exemption u/s. 10(23C)(iiiab) of the Act finding that nothing was brought on record to show that such donation has not been accounted for or utilized by any trustees or their relatives or utilized f ....... - .......
2015 (10) TMI 2232 - ITAT MUMBAI
Asst. Director of Income-tax (Exemption) -1 (2) , Mumbai Versus Tata Institute of Social Science
Reopening of the assessment - exemption allowed u/s 10(23C)(iiiab) disallowed - CIT(A) allowed the claim - Held that - The facts and circumstances are identical for the assessment year under consideration and the CIT(A) has decided the issue of validity of reopening by following the order of this Tribunal in the assessee s own case. Accordingly, we do not find any error or illegality in the impugned order of the CIT(A) qua this issue. The same is upheld. - claim of exemption u/s 10(23C)(iiiab) - The Tribunal in the assessee s own case for assessment year 2007-08 2012 (9) TMI 947 - ITAT MUMBAI ....... - .......
2015 (11) TMI 630 - ITAT CHANDIGARH
ASSISTANT COMMISSIONER OF INCOME-TAX (TDS) Versus STATE BANK OF INDIA (PEC)
Penalty levied under section 271C - assessee had not deducted tax at source under section 194A on interest payment - Held that - As per the provisions of section 194A(3)(iii)(f) no tax is to be deducted at source on income by way of interest which are credited or paid to such other institutions, association or body which the Central Government may notify in this behalf in the special gazette. For the purpose of section 194A(3)(iii)(f) Notification No. S. O. 3489 dated October 22, 1970, lists a number of undertakings which includes any undertaking or body including a society registered under th ....... - .......