2014 (6) TMI 377

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....r the Respondent : Vishwjit ORDER This appeal by the revenue under Section 260-A of the Income Tax Act, 1961 arises from the decision of the ITAT; the assessment year being A.Y. 2009-10. The revenue has raised the following question of law: "Whether the ITAT erred in law in granting exemption U/s. 10(23-C) (iiiad) even when the assessee had not claimed any exemption under the Section in a....

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....e the assessing officer or the CIT(A). On the other hand, learned counsel appearing on behalf of the assessee has strongly contested the correctness of the submission by referring to the order passed by the CIT(A) where a specific claim under Section 10(23C) (iiiad) was raised. We have duly perused the order of the CIT(A) as well as the order of the Tribunal. The order of the CIT(A) would in....

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.... year, although the school have separate running classes from next year onwards. More then sufficient details and evidences have been brought on record in support of this contention as well. This is an admitted fact that total receipts of the assessee would remain below Rs. 1 Crore even if the donations of Rs. 49,99,000/- are added as receipt in the nature of income of the assessee society. So I h....