TaxTMI 
TaxTMI 
2013 (4) TMI 600
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....(23C) (iiiad) of the Act. 2. That without prejudice to the aforesaid, the learned Commissioner of Income Tax (Appeals), ought to have held that income of Rs.1,19,723/- is also eligible for exemption u/s 11 of the Act. 3. That the learned Commissioner of Income Tax (Appeals) has further erred both in law and on facts in upholding the addition of Rs.15,94,000/- representing corpus donations received by the appellant society by invoking section 115BBC of the Act. 4. That the learned Commissioner of Income Tax (Appeals), has further erred both in law and on facts in upholding the levy of interest u/s 234B of the Act. 5. That the learned Commissioner of Income Tax (Appeals) has erred both in law and on facts in framing the order of a....
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....randum of Association and Aims and Objects, one of the Objects is for setting personal disputes of people in peaceful manner, for eradication of social evils Like dowry, Drug Addiction, Alcoholism, Smoking etc. and also to help people in drought, floods and other natural calamities. It does not mean that the society does not exit solely for imparting education. (c) The legal position is thus well established on the strength of the various judgments that if a trust or society exists solely for the educational purpose and it runs an educational institution, its income will be the income of the educational institution and therefore exempt u/s 10(23 C) (iiiad) of the income tax act. The fact, that the appellant had other objects will not dis....
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....al receipts of such university or educational institution do not exceed the amount of annual receipts as may be prescribed." The Ld A.O. has alleged that some objects of the society do not relate to education. The primary objects of the appellant society is imparting education and for fulfillment of that object the society is running a B. Ed college and this fact has been accepted by the Ld A.O. in para 2 of the assessment order under appeal. The Hon'ble Punjab & Haryana High Court in the case of ClT Panchkula Vs. Haryana Ware Housing corporation reported at 43 Indian Taxation Reports page 580 has held as "if the primary or predominant object of any institution is charitable, any other object which might not be charitable but which is an....
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....B is levied on the basis of returned income and not on the basis of assessed income." Sir, the appellant would be too willing to provide any further information, which your good self shall require to dispose off the appeal." (Relevant portion at APB 24 to 27). 4. However, apropos Ground Nos.1 & 2, the Ld. CIT (A) held as follows:- "5. ......For Ground No.2 of appeal, the AR submitted before me that all the requisite information was filed/explained to the A.O. on different dates during the assessment proceedings. Therefore, the A.O. should have passed the order u/s 143 (3) and not u/s 144 of the IT Act. I have considered the issue and the submissions made by the AR. The A.O. gave a finding of fact that no details were furnished b....
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....isting solely for educational purposes. The case law relied upon by the AR is distinguishable on facts in as much as in the present case it is not a question of being charitable institution but whether the appellant is existing solely for educational purpose or not. The A.O. has not denied the exemption on the ground of making systematic profits as held in the case of Queens Educational Society of Uttrakhand High Court but on the ground that the exemption u/s 10 (23C) (iiiad) is not available as the society is not existing solely for education purposes. In view of the above, the action of the A.O. in denying exemption u/s 10 (23C) (iiiad) is upheld and this ground of appeal is dismissed." 5. So far as regards ground No.3, Ld. CIT (A) hel....