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M/s The Institute of Chartered Financial Analysis of India Versus CCE & ST Hyderabad-II

Condonation of delay Held that: - no delay in filing appeals. Filing of appeal in correct position. - Stay of appeal demand of tax, interest and penalty pre-deposit educational bodies conferring degrees - commercial training or coaching centre amendment in finance act w.e.f.01/05/2011 Held that: - demand of ₹ 10,60,37,882/- for 2010-2011 pertaining to ICFAIAN Foundation and demand of ₹ 2,30,686/- for the period 2010-2011 pertaining to ICFAI, Hyderabad is disputable an .....

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e appellants. Shri Nagraj Naik, Deputy Commissioner (AR) ORDER These eleven appeals came up for stay and condonation of delay(COD). Regarding the COD, Shri G. Shivadass, Id. Advocate for the appellants submitted that the order passed by the Commissioner after rectification application was issued on 20/01/2014, which they received on 22/01/2014; that they filed the appeals on 22/04/2014; that in the circumstances, there is no delay in filing the appeals. Ld. AR for the Department Shri Nagraj Naik .....

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,91,47,259 ii ICFAI Foundation 22,63,28,320 8,67,55,651 25,04,81,474 25,06,45,632 16,99,05,189 10,60,37,882 1,09,01,54,148 iii ICFAIAN Foundation for Higher Education - 6,52,04,867 7,26,0186 5,13,10,905 8,77,37,460 27,68,54,418 iv ICFAI Hyderabad 57,66,13,560 19,42,54,186 20,60,76,493 1,65,500 2,61,368 2,30,686 97,76,01,793 v ICFAI University, Dehradun 1,33,06,780 1,37,63,987 4,50,03,193 5,98,36,600 3,88,35,839 3,13,05,220 20,20,51,619 vi ICFAI University Jharkhand - 23,92,861 20,38,079 24,01,26 .....

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7,66,86,458 31,93,44,824 3,67,65,99,689 4. Learned advocate further made the following submissions : - i. For the period between 2005 to 2010, the issue stands covered by the Stay Order No. 30080 to 30083/2016 dt. 20/06/2016 passed by the Hon ble CESTAT, Hyderabad in their own case, pertaining to the period 2003-2005. The Tribunal relied on the decision in the case of Indian School of Business Vs. CC, CE&ST-IV vide Misc. Order No.20021 dt. 08/01/2014, which arises out of the same Final Order .....

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ty Grants Commission (UGC) Act, 1956. For ICFAI Academy, the students would be awarded degree from the University. ICFAIAN Foundation provide management programs, under the name of ICFAIAN Business School and issue certificates to the student under the name of IBS Business School. ICFAI runs school in the name of ICFAI Republic School which is recognized by District Education Officer. iii. They place reliance on the following decisions:- a. Ashu Export Promoters (P) Ltd. Vs. CST, New Delhi [2012 .....

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