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    <title>2023 (5) TMI 1363 - ITAT JAIPUR</title>
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    <description>ITAT Jaipur remanded the matter back to CIT(A) for fresh consideration after the assessee&#039;s exemption under section 10(23C)(iiiab) and alternative claim under section 11(2) were denied. The revenue argued the assessee was not conducting educational activities wholly and substantially, earning substantial profits from book publication rather than conducting examinations. The assessee contended their activities were educational and books were sold on cost recovery basis. The jurisdictional HC had previously held the assessee&#039;s activities were for educational purposes. Since CIT(A) failed to consider the HC judgment on merits and revenue raised arguments not arising from lower authority orders, ITAT remanded for fresh decision considering the HC precedent. Appeal allowed for statistical purposes.</description>
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      <title>2023 (5) TMI 1363 - ITAT JAIPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=456751</link>
      <description>ITAT Jaipur remanded the matter back to CIT(A) for fresh consideration after the assessee&#039;s exemption under section 10(23C)(iiiab) and alternative claim under section 11(2) were denied. The revenue argued the assessee was not conducting educational activities wholly and substantially, earning substantial profits from book publication rather than conducting examinations. The assessee contended their activities were educational and books were sold on cost recovery basis. The jurisdictional HC had previously held the assessee&#039;s activities were for educational purposes. Since CIT(A) failed to consider the HC judgment on merits and revenue raised arguments not arising from lower authority orders, ITAT remanded for fresh decision considering the HC precedent. Appeal allowed for statistical purposes.</description>
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