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 .....
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 in.....
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 condi.....
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 th.....
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 su.....
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.....
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.....
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.....
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) Notificatio.....
2015 (9) TMI 845 - ITAT MUMBAI
The Asstt. Commissioner of Income Tax, Circle- 1, Nashik Versus M/s Ayurved Seva Sangh
Entitlement to exemption u/s 11 and 12 and section 10(23C)(iiiab) - engagement in manufacturing activity - CIT(A)-I held that the A.O. has erred in applying first proviso to section 2(15) to the case of the appellant trust and taxing the exempt income under section 10(23C)(iiiab). - Held that - Once the activities of the Assessee are educational and medical in nature, the considerations of element of business activity and profit motives embedded .....
2015 (10) TMI 1891 - ITAT AMRITSAR
Sardulgarh Education Society Versus The Additional Commissioner of Income Tax, Circle-1, Bhatinda.
Entitlement to exemption u/s 10(23C)(iiiad) denied - Held that - The only activity carried on by the assessee during the year is that of construction of the school building. This fact remains undisputed by both the Taxing Authorities. Now, in Commissioner of Income Tax vs. Om Sarala Babu Educational Trust (2014 (6) TMI 377 - ALLAHABAD HIGH COURT), the assessee had taken various steps, including the construction of the building of the school. The .....
2015 (9) TMI 232 - UTTARAKHAND HIGH COURT
Guru Nanak Education Trust Versus Union of India And Others
Application seeking approval under Section 10(23-C)(VI) rejected - Held that - Prescribed authority has to ascertain whether the educational institution has been applying its profit wholly and exclusively to the objects for which the institution is established. Merely because institution has earned profit would not be deciding factor to conclude that educational institute exists for profit. To decide the entitlement of institution for exemption u.....
2015 (8) TMI 880 - ITAT LUCKNOW
Radha Mohan Mehrotra Medical Relief Turst Versus Income Tax Officer-2 (2) , Lucknow
Rectification of mistake - interest income of the assessee should be considered for the purpose of computation u/s 11 of the Act because the assessee is duly registered u/s 12A/12AA of the Act but this aspect of the matter has inadvertently escaped the attention of the Tribunal - Held that - Assessee has given in writing to the Assessing Officer that although the assessee trust is registered u/s 12AA with effect from 03/02/81 but the assessee has.....
2015 (8) TMI 717 - DELHI HIGH COURT
American School of Bombay Education Trust (Through Its Trustees) & Others Versus Union of India & Others
Exemption under Section 10 (23C)(vi) denied - whether we remit the matter to the CBDT once again for it to decide the question of approval or on the basis of available material, we direct the CBDT to grant the approval? - Held that - In Digember Jain Society (2009 (10) TMI 61 - DELHI HIGH COURT) this court had in fact issued a mandamus directing the revenue to grant exemption to the petitioner therein under Section 10(23C)(vi) of the said Act. Th.....
2015 (9) TMI 129 - ITAT JAIPUR
Assistant Commissioner of Income Tax, Circle-1, Alwar. Versus M/s Public Rose Shiksha Samiti,
Eligibility for exemption U/s 10(23C)(iiiad) - whether annual credit receipt is more than one crore is not eligible for exemption U/s 10(23C)(iiiad) ? - CIT(A) found that total receipts were less than Rs. One crore and allowed exemption - Held that - On verification of the total receipt mentioned by the Assessing Officer there was a transaction of sale of land for ₹ 47,90,000/-. The Hon ble Madras High Court has considered the issue of annu.....