TMI Blog2012 (11) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 10 of the Act deals with the income not liable to be included in total income of the assessee while Section 11 deals with the income from property held for charitable or religious purposes. Both Section 10(23C) and Section 11 of the Act are independent sections. The assessee was registered under Section 12A of the Act. As such the assessee was rightly granted benefits under Section 11 of the Act. - IT APPEAL NO. 297 OF 2008 - - - Dated:- 6-11-2012 - R.K. AGRAWAL AND RAM SURAT RAM (MAURYA), JJ. Dhananjay Awashthi for the Petitioner R.R. Agrawal for the Respondent ORDER Ram Surat Ram (Maurya), J. This appeal has been filed under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenditure of ₹ 1,81,22,666/- and taxable income nil was shown, claiming exemption under Section 11 (1) (a) of the Act, on the ground that the income earned was related to educational institution, established solely for the charitable purposes. In the meantime, the Commissioner Income-tax (A), Ghaziabad by order dated 30.05.2002 granted exemption certificate under Section 80G of the Act with retrospective effect from 19.03.2001 to the assessee. 3. The Assessing Officer proceeded under Section 143 (1) (a) of the Act and obtained a survey report from the ITO (TDS Survey) Ghaziabad who in his report dated 11.12.2000, submitted for referring the matter to the Valuation Cell (I.T. Department). The matter was referred to District Val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed the appeal. 5. We have heard Sri Dhananjay Awasthi, Standing Counsel for the Revenue and Sri R.R. Agrawal, learned counsel appearing for the respondent-assessee. 6. Sri Awasthi, learned counsel, submitted that as the assessee claimed exemption, being an educational institution as such it was required to obtain exemption from the prescribed authority under Section 10(23C) of the Act, which is mandatory. Since no exemption from the prescribed authority under Section 10(23C) of the Act has been obtained as such the assessee was not entitled to claim benefits under Section 11 of the Act. The submission is wholly misconceived. Admittedly, the assessee is an educational institution and was established for charitable purposes for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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