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TMI Blog2021 (4) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... s.10(23C)(vi) of the Act to the appellant. 2. The learned Commissioner of Income-tax (E) erred in holding that the appellant institution was not solely for educational purposes without appreciating that the various activities carried on by the appellant were towards educational purposes of the banking staff and consequently the appellant had fulfilled all the conditions required u/s.10(23C)(vi) of the Act to avail the exemption as provided therein. 3. The learned Commissioner(E) ought to have appreciated that though various objects provided in the Memorandum of Association, the appellant had wholly promoted the objects in educating the banking staff and consequently he ought to have held that the appellant was eligible to get the exem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stinguish the various judgments placed before him by the appellant by merely stating that the appellant society was not engaged in educational activities in the true sense. 7. For these and other grounds that may be urged at the time of hearing of the appeal, the appellant prays that the appeal may be allowed. 2. After hearing both the parties, we are of the opinion that similar issue came for consideration before this Tribunal in assessee's own case in ITA No.2057/Bang/2016 and the Tribunal vide its order dated 11.3.2021 held as follows: "2. The ld. AR submitted that the issue before the Tribunal was with regard to, whether the assessee is entitled for exemption u/s. 10(23C(vi) of the Act. It was submitted that in the earlier AY 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rposes and they amounted to consultancy services. It was on these reasons the appeal had been dismissed. However, in the relevant year before the Hon'ble Court the appellant had made a detailed submission before the CCIT citing various case laws to support its case, though CCIT referred these cases tried to distinguish the same to justify the denial of exemption. The CCIT, however, failed to consider the fact that the appellant institution is carrying on educational activity. He had not controverted the fact that the appellant had not carried on any activity of mere consultancy. The appellant specifically brought to the notice of the CCIT that the appellant was imparting training to the personnel of member banks and other objectives enu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. Having held that the appellant in that case was eligible for exemption u/s.11 of the Act, it did not consider the fact as to whether the institution was eligible for exemption u/s.10(23C)(vi) of the Act, even though a prayer in this regard was made by the appellant. Further the appellant relied on the following judgments:- (a) Digember Jain Society for Child Welfare vs DGIT(E) 329 TR 459(Del) (b) C.P.Vidya Niketan Inter College Shikshan Soc. Vs. UOI 359 ITR 322 (All) 5. On the similar circumstances, the ITAT, Bombay Bench has held that the appellant was for educational institution. In the appellant's own case the ITAT, Bangalore Bench had not gone into the real issue that the appellant-society was for educational purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orandum 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). 10. In the result, the appeal by the assessee is allowed for statistical purposes." 3. Taking a consistent view, we remit this issue in dispute to the file of the A.O. on similar directions. 4. In the result, the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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