TMI Blog2012 (11) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... 23C)(iiiad) if the annual receipt is within the limit prescribed. further,if the assessee meets the requirement of imparting education which can be training of any nature and if only such activity is carried on, the institution should be held eligible for deduction u/s 10(23C)(iiiad) of the Act – there is no infirmity in the order of the first appellate authority in granting exemption u/s 10(23C)(iiiad) of the Act and same is confirmed. Disallowance u/s 11(1)(a) - Application of Income outside India – Held that: - issue is only academic – not dealing with the same as already granted exemption u/s 10(23C)(iiiad) of the Act - In the result, the revenue’s appeal is dismissed. - ITA No.923/Bang/2011 - - - Dated:- 24-7-2012 - SHRI N. BA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the society have no co-relation to education. In the absence of actual activity of imparting education by normal schooling or normal conduct of classes the activities/objects of the society do not fall within the ambit of section 10(23c)(iiiad). The brief facts pertaining to this issue are that the assessee- National Institute for Rural Banking is a trust which came into existence in 1990 with the objectives of training personnel in the area of agriculture and on rural development banking. The trust is imparting training in the area of rural credit management to the banking personnel since 1990. The officers from the co-operative bank and also Regional Rural Banks and Commercial Banks from all over the country take part in the training p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2006-07 the claims made by the assessee for exemption u/s 10(22)/10(23C)(iiiad) had been accepted by the department and for the assessment year 1996- 97, order u/s 143(3) had been passed accepting the exemption claimed by the assessee. Further, it was pleaded that the main objective of the assessee is as under: To promote management development and executive development and taking up the activities to eliminate poverty etc., are incidental to the main objective and supplement the same cause. Though there are other incidental objectives mentioned in the trust deed the only activity of the appellant trust is education and training. The CIT(A), after considering the submissions in light of the facts and materials allowed the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing, learned Departmental Representative reiterated the contents of the assessment order as his submissions. He also relied on the grounds of appeal raised before us. That apart, he relied on the decision of the Hon ble Gujarat High Court in the case of Saurashtra Education Foundation vs. CIT (2005) 273 ITR 139(Guj) for the proposition that for carrying on educational activities, the assessee trust should have been affiliated to or registered by any authority and if no so, the same cannot be treated as educational institution. Per contra, learned AR of the assessee reiterated the very same contentions made before the first appellate authority as his submissions. That apart, it was also submitted that the AO did not deny the fact about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is an undisputed fact that the assessee is carrying only the activity of education and training, even though other incidental objectives are mentioned in the trust deed. It is also not disputed that the assessee had been filing returns from assessment year 1991-92 onwards up to assessment year 2006- 07 and the claims made by the assessee u/s 10(23C)(iiiad) had been accepted by the department for assessment year 1996-97 u/s 143(3) of the Act. It could be seen from the section that sub-sections (22) and (22A) of sec.10(22) are just re-entered in clauses (iiiad) and (iiiae) of 10(23C). Otherwise there is no difference between these two sections viz., 10(22) and 10(23C)(iiiad) except section 10(23C)(iiiad) is prescribing some limit for annual ..... X X X X Extracts X X X X X X X X Extracts X X X X
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