TMI Blog2014 (6) TMI 377X X X X Extracts X X X X X X X X Extracts X X X X ..... ust, the allotment of land, the structure of a school building and the commencement of a school - assessee trust has taken various steps, including the construction of building and getting the necessary permission and sanction for running the school; so as to bring the school into "existence" during the year, although the school have separate running classes from next year onwards - total receipts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law in granting exemption U/s. 10(23-C) (iiiad) even when the assessee had not claimed any exemption under the Section in assessment proceedings. The order of the Tribunal indicates that the appeal was by the revenue and in support of the appeal, the departmental representative appeared. The departmental representative, as the Tribunal recorded, fairly accepted that the issue was covered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised. We have duly perused the order of the CIT(A) as well as the order of the Tribunal. The order of the CIT(A) would indicate that in the supplementary submission which was filed on 26 February 2013, the assessee had specifically raised the issue of Section 10(23C) (iiiad) and had placed on record the relevant and material facts including the objects of the trust, the allotment of land, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 Crore even if the donations of Rs. 49,99,000/- are added as receipt in the nature of income of the assessee society. So I hold that the assessee trust is entitled for exemption u/s 10(23C)(iiiad). In this background, it would not be a fair comment on the order of the Tribunal to submit that the Tribunal allowed the claim under Section 10(23C)(iiiad) without such a claim having been raised b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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