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2016 (11) TMI 1022

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..... 6/2009 and I.A. No.17670/2012 in D.B. Income Tax Appeal No. 404/2011 are allowed. 3. At the request of the parties, the appeal was heard finally. 4. The appeal is directed against the common order dated 19th September, 2008 passed by Income Tax Appellate Tribunal, Jaipur Bench 'A', Jaipur, whereby ITA No. 694 & 695/JP/2007 relating to Assessment Year 2004-2005 and 2000-2001 filed by revenue, have been dismissed, therefore, these appeals are being disposed off by a common order. 5. Briefly stated the facts of the case are that respondent assessee is a registered society running various educational institutions. The Assessing Officer has denied the exemption under Section 10(23C)(vi) of the Income Tax Act, 1961 to the assessee. The .....

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..... hi, 16th March, 2007 ORDER In exercise of powers conferred by the sub clause (vi) of the clause(23C) of Section 10 of the income tax Act, 1961(43 of 1961), the Central Board of Direct Taxes hereby approves that any income received by any person on behalf of "Arvind Bhatri Vidyalala Samiti, Ambabari, Jaipur-302023" (hereinafter the "Institution") shall not be included in the total income of such person as assesseable, subject to the following conditions: a) the institution will apply its income, or accumulate for application, wholly and exclusively to the objects for which it is established and in a case where more than fifteen per cent of its Income is accumulated on or after the 1st day of April, 2002, the period of the accumulation .....

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..... on and not to any other receipt or income of such recipients. Taxability or, otherwise of the Income of the Institution would be separately considered as per the provisions of the Income tax Act, 1961; 3. This order is applicable for Assessment Year 1999-2000 and onwards. 4. The above order is liable to be rescinded by the Central Government, if it is subsequently found that the activities of the institution are not genuine or if they are not carried out in accordance with all or any of the conditions subject to which it was notified. 5. This order is in super-cession of the earlier order no.197/115/2006- ITA-I dated 07.02.2007. Sd/- (DEEPAK GARG) Under Secretary to the Govt. of India Copy to:- i) "Arvind Bharti Vidyala .....

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