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TMI Blog2020 (2) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 passed by the Income Tax Appellate Tribunal Camp Bench at Jalandhar (for short, 'the Tribunal') allowing the appeal of the assessee and thereby holding it entitled for exemption/approval under Section 10(23C)(vi) of the Income Tax Act, 1961 [for brevity 'the Act']. Following substantial questions of law are raised: I. Whether on the facts and circumstances of the case the Hon'ble ITAT is right in not adjudicating the fact that the assessee's stated objects does not aim to have its activities 'solely for education', which is one of the main condition for granting approval u/s 10(23C)(vi)? II. Whether on the facts and circumstances of the case, the Hon'ble ITAT is right in not adjudicating the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l source of income that cannot directly qualify for the tag "education"? VII. Whether on the facts and circumstances of the case, the order of the Appellate Tribunal is contrary to the evidence and material on the record of the case and therefore, perverse?" Before proceeding further, it may also be noticed that registration under Section 12AA of the Act was allowed to the assessee in appeal by the Tribunal, the order was upheld by this Court. The Commissioner of Income Tax (Exemptions), Chandigarh [for short, 'CIT (E)'] while dealing with the application under Section 10(23C) of the Act considered the fact that there is denial of registration under Section 12AA of the Act. The application under Section 10(23C)(vi) of the Act w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of the objects of the assessee was not solely for educational purpose. From the perusal of the paper book, it is evident that one of the factor considered by the CIT (E) was denial of registration under Section 12AA of the Act. It would be pertinent to note here that while dealing with the issue of Section 12AA of the Act, the Tribunal dealt with the objection with regard to amassing capital fund and fixed assets. It was concluded that corpus created and the land and building was acquired out of donations, for setting up the school. Further, the point of fee receipt was also considered and it was held that the same was spent for running the school. The only issue raised by learned counsel for the Revenue needs to be considered is tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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