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2018 (12) TMI 280 - AT - Income TaxExemption u/s. 10(22) - assessee is to be treated educational institute existed purely for education or not - different status in India and Outside India - Held that:- We are of the view that unlike the present Section 10(23C)(vi) of the Act, there are no conditions in relation to obtaining approval, audit of accounts, application of income etc. The provisions of Section 10(22) for claiming exemption, the requirement is that the university or the educational institute must exist solely for educational purposes in India. The recipient of the income must have the character of an educational institute in India and its character outside India or it being a part of university existing outside India is not relevant for deciding whether its income would be exempt u/s. 10(22) of the Act or not. In the present case, there is no charge by AO or now by CIT-DR that the assessee does not exist solely for the purpose of education, hence we find no infirmity in the order of CIT(A), allowing the claim of exemption to assessee-institution u/s. 10(22). Accordingly, we dismiss the appeal of Revenue.
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