TaxTMI 
TaxTMI 
2014 (1) TMI 437
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....T(Appeals) erred in holding that the assessee is eligible for claim of exemption under section 11, even in absence of approval under sub-clause (vi) to the Section 10(23C). 3. The learned CIT(A) ought to have appreciated the fact that approval under sub-clause (vi) to the Section 10(23C) is distinct from registration U/s. 12A of the Act. 4. The learned CIT(A) failed to see that sub-clause (vi) to the section 10(23C) as inserted by the Finance Act, 1998 w.e.f. 01.04.1999, states that the University or other educational institution existing solely for educational purpose, and which may be approved by the prescribed authority. The issue is explicitly dealt with by the Act itself and the intention of the Legislature is quite clear from it. 5....
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.... above grounds of appeal relates to denial of assessee's claim for exemption of its income from tax. We find that this issue is covered by the order of the Hyderabad Bench 'A' of the Tribunal dated 15.4.2009 in the cases of Vasavi Academy of Education, Hyderabad in ITA No.1133/Hyd/2006 for the assessment year 2003-04 and order dated 17.4.2009 in ITA No.1206/Hyd/2007 for the assessment year 2004-05, wherein it was held that if donations are received compulsorily for the admission of students, by whatever name it may be called, i.e. donation, building fund, auditorium fund, etc. over and above the prescribed fee, from the students, the assessee would not be entitled for exemption either under S.10(23C) or under S.11 of the Act. Further, we fi....
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.... on record for deciding the issue effectively. Similar view was taken by us in the case of M/s. Jamia Nizamia in ITA No.763/Hyd/2007 dated 30.6.2008, in the case of International Educational Academy, Hyderabad in ITA No.494/Hyd/2007 and 518/Hyd/2008 for the assessment years 2002- 2003 and 2004-05 and Sri Sai Sudhir Educational Society, Hyderabad in ITA No.999/Hyd/20-06 for the assessment year 2003-04. Therefore, we set aside the orders of the Revenue authorities and remit back the matter for both the years to the file of assessing officer with a direction to assessing officer that he shall reconsider the entire issue in the light of judgment of Supreme Court in the case of M/s Islamic Academy of Education & Another Vs. State of Karnataka an....