TMI Blog2021 (4) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... e (a) (b) of the Memorandum of Association. However, at this stage, we are not in a position to take a decision in favour of the assessee, since the decision of the Tribunal is not disturbed by any higher forum. However, in the interests of justice, it is appropriate to remit the issue in dispute to the file of the CIT(Exemptions) for appropriate decision, after the final judgment of the Hon ble High Court of Karnataka in the case of assessee for the AY 2014-15. With these observations, we remit the issue to the file of the CIT(Exemptions). Appeal by the assessee is allowed for statistical purposes. - ITA No.2057/Bang/2016 - - - Dated:- 11-3-2021 - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidered isolated to deny the benefit u/s.10(23C)(vi) of the Act. On the contrary, it was demonstrated before the learned CIT(E) with material evidence in the form of Income and Expenditure Account of the Society for the year ended 31.3.2015 that the other objects viz., (a) providing appraisal programmes, (b) consultancy services and (c) faculty development programmes were not at all pursued by the Society during the relevant previous year and that the Society existed solely for educational purposes and not for profit; the predominant objective and solitary goal of the Society being imparting of education. 5. The learned Commissioner (E) failed to consider the decision of the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act without considering the vast definition that the word education embraces although there being no specific definition for education under the Income-tax Act of 1961? 2. Whether in law, the Tribunal was right in construing that the activities carried on by the appellant-society were not for educational purposes? 3. The Hon'ble Court was pleased to admit the appeal and framed the substantial questions of law, which reads as under:- Whether in law, the Tribunal was right in rejecting the application for exemption under section 10(23C)(vi) of the Act without considering the vast definition that the word 'education' embraces although there being no specific definition for 'education' under the Income-tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court in the case of Aditanar Educational Institution vs. Addl.CIT (1997) 224 ITR 310 (SC) and also the decision of the Punjab and Haryana High Court in the case of Pine Grove International Charitable Trust vs. UOI and Others (2010) 327 ITR 73 (P H). The submission of the appellant before the CCIT had been brought out in the order of the CCIT. The various judgments referred to therein would support the case of the appellant. Further, the order in the case of ITAT, Bangalore Bench, Bangalore in the case of ADIT(E) vs. M/s.National Institute for Rural Banking, ITA No.923/B.2011 dt.24th July 2012 and also the Bombay Tribunal in the case of National Institute of Bank Management vs. ADIT - ITA Nos.2913 86 2914/Mum/2016 dt.25.1.2018 were furn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndly be blocked until the disposal of the appeal by the Hon'ble High Court of Karnataka in the appellant's own case for the assessment year 2014-15. In the alternative, it is also prayed that the order of this CIT may kindly be set aside and the matter may be restored to the file of the CIT for fresh adjudication awaiting the judgment of the Hon'ble Court in the case of the appellant for the assessment year 2014-15. 8. On the other hand, the ld. DR relied on the order of the Tribunal for earlier year and submitted that the issue need not be remitted to the file of the CIT(Exemptions) as the issue has already been decided against the assessee for the AY 2014-15. 9. We have heard both the parties and perused the material on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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