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2016 (2) TMI 803 - KARNATAKA HIGH COURT

2016 (2) TMI 803 - KARNATAKA HIGH COURT - TMI - Eligibility of exemption under section 10(23C) (iiiad) - annual receipt of the society was less than the prescribed limit i.e., One Crore - Held that:- . In view of the said explanation offered by the appellant and considering the scope of an enquiry by the prescribed authority for grant of approval under Section 10(23C)(vi) of the Act as explained by the Apex Court in American Hotel & Lodging Assn. Educational Institute vs CBDT (2008 (5) TMI 17 - .....

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cation in Form No.56D dated 26.09.2011 seeking for an exemption under section 10(23C)(vi) of the Income Tax Act, 1961 (the Act' for short) was rejected by the respondent vide order dated 28.08.2012, Annexure "A" to the Writ Petition on the ground that the collection of donations from pupils would amount to an act for the purpose of profit and therefore does not fulfill the objectives mentioned in Section 10(23C)(vi) of the Act. On challenge made by the appellant, the learned Single .....

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(iiiad) of IT Act for the reason that the annual receipt of the society was less than the prescribed limit i.e., One Crore. 4. It is submitted that in the rules and regulation of the society it is stated that " Donation may also be collected from the pupils and the same shall be decided by the Executive Committee from time to time". However, the Appellant society has not collected any such donations till date. 5. It is submitted that the intention to insert donation clause under rules .....

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e tax Act, 1961: 1. Investment Clause: The funds of the Society shall be invested in the modes specified under the provisions of Section 13(1)(d) read with from time to time. 2….. 3….. 4. Dissolution Clause: In the event of dissolution or winding up the Trust/Society, the assets remaining as on the date of the dissolution shall under no circumstance be distributed among the trustees/members of the managing committee/governing body but the same shall be transferred to the another ch .....

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