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The Commissioner of Income Tax Versus M.P. Text Book Corporation Pustak Bhawan

2015 (7) TMI 537 - MADHYA PRADESH HIGH COURT

Exemption under Section 10 (22) and under Section 10 (23C) - ITAT allowed claim - Held that:- As decided in Assam State Text Book Production and Publication Corpn. Ltd., Vs. Commissioner of Income Tax, Guahati-I [2009 (10) TMI 60 - SUPREME COURT] the High Court, in its impugned judgement, has not considered the historical background in which the Corporation came to be constituted; secondly, the High Court ought to have considered the source of funding, the share-holding pattern and aspects, such .....

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d(s) have been constituted to implement the Educational policy of the State(s), consequently, they should be treated as Educational Institution.

Although the substantial questions of law need not be answered but the operative arrangement as directed by the Supreme Court may have to be adopted even in these appeals of remanding the matter to the Assessing Officer for denovo consideration in the light of the decision of the Supreme Court and the decisions of the Rajasthan High Court and .....

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arned counsel Heard counsel for the parties. These appeals are filed by the Department qua single assessee regarding twenty two separate assessment years i.e. 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98, 1998-99, 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04, 2004- 05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 bearing I.T.A. Nos.164, 165, 166, 167, 168, 184, 185, 186, 187, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183/2012, 33/2013, 188/2012 and .....

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f the view that the respondent /assessee had taken only one time financial assistance from the State. The first Appellate Authority (Commissioner of Income Tax (Appeals) - I, Bhopal) has affirmed this finding of the Assessing Officer. The Tribunal, however, has opined that the assessee received continuous financial assistance from the State. In the backdrop of this conclusion the department has preferred these appeals. These appeals have been admitted on the substantial questions of law formulat .....

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Bhopal had denied approval under Section 10(23-C)(iv) for these Ays by order dated 10.3.2008 and no appeal against the said order lies with the Tribunal? 3. Whether on the facts and in the circumstances of the case, the ITAT was justified in law and did not exceed its jurisdiction in allowing relief u/s 10 (23-C) (VI) of the IT Act for the A.Y.2000-01 to 2007-08 when the assessee Writ Petition against the order of the Chief Commissioner of Income Tax dated 10.3.2008 denying approval under Secti .....

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