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2009 (9) TMI 1029

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..... erefore heard the matter. 3. The facts of the case are that the Sri Venkateswar Education Society was registered by the Registrar of Societies on 30-4-1996. It set up a secondary school affiliated to the Central Board of Secondary Education. The school viz., Venkateswar International School, Sector 10, Dwarka, New Delhi-75, has around 1800 students. The Society registered under the Societies Registration Act has been running this school which is its sole activity as of today. All monies are utilized for the school. Accordingly, the society applied to the Director (Exemptions) for the grant of exemption under section 10(23C)(vi) of the Income-tax Act, 1961 from the year 2007-08 onwards. All the twenty one aims and objects of the society, .....

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..... the affidavit filed by the society that its monies have always been used and continue to be used only for education, the respondent ignoring the aforesaid aspect rejected the application. 6. Learned counsel for the respondent, on the other hand, submits that as per the provisions of section 10(23C)(vi), the exemption can be granted only if the society was being run solely for educational purpose and with the inclusion of other objectives particularly in sub-clauses 10, 11, 12 and 15 which relate to other objectives, the respondent rightly rejected the application of the petitioner society. 7. These other objectives, namely, which are contained in Clauses 10, 11, 12 and 15 read as under: 10. To provide medical relief to the deserv .....

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..... emorandum of Association, the petitioner may undertake those activities and channelize the funds generated from the aforesaid school to those activities, it is significant to point out that petitioner had filed affidavit with the respondent specifically undertaking as under: It is customary and general practice to make the objects broad and wide at the time of drafting of objects of the society. The inclusion of the above objects is as a result of the same. However, it is pertinent to note that the society was never engaged in the past in any of the activity stated in the above objectives. The audited accounts are available on record to verify this fact. We further assure and undertake that we shall not carry out any of the above men .....

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