TaxTMI 
TaxTMI 
2015 (3) TMI 3
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....nch of appeals is against denial of exemption under section 10(23C)(iiiad) of the Act. All the four appeals relating to the same assessee on similar issue were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The facts of all the cases are identical but reference is being made to the facts in ITA No. 223/CHD/2014 for adjudicating the issue. The grounds of appeal as raised in ITA No. 223/CHD/2014 read as under : 1. The order passed by the learned CIT (A) is contrary to law & facts of the case. 2. The learned CIT (A) has erred in law in holding that assessee is not entitled to exemption under section 10(23C)(iiiad) of IT Act 1961. 3. The Learned CIT(A) has erred in law and facts t....
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....n 10(23C)(iiiad) of the Act. The Assessing Officer rejecting the plea of the assessee observed that prior to 2011, the objects of the assessee were not exclusively for education and as the essential condition for exemption under section 10(23C)(iiiad) of the Act. was not fulfilled, the assessee was not entitled to the said exemption. Further disallowances were made on various accounts by the Assessing Officer and the income was computed in the hands of the assessee at Rs. 17,26,705/-. 5. The Commissioner of Income Tax (Appeals) held that the income in the hands of the assessee-society would be exempt under section 10(23C)(iiiad) of the Act only if the institution existed solely for educational purposes. However, the objects of the assess....
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....011-12, the assessee had changed its objects and the only object left was in the field of education i.e. running of Nursing Institute. The ld. AR for the assessee further pointed out that the assessee has been granted the registration under section 10(23C)(iiiad) of the Act for the assessment year 2011-12 by the Chief Commissioner of the Income Tax, Chandigarh vide order dated 19.08.2011 copy of which is placed at page 1 & 2 of the Paper Book. 7. The ld. DR for the revenue placed reliance on the order of Commissioner of Income Tax (Appeals). 8. We have heard the rival contentions and perused the record. The assessee-society was constituted in the year 2002 and was registered with the Registrar of Societies under Registration No. 785 d....
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....ined necessary permission from the State Government and is also affiliated with PNRC and The Indian Nursing Council. The assessee has placed on record the note on its activities which is placed at page 45-46 of the Paper Book. The assessee claims that it was imparting the said training to the girls students only on minimum charge basis, which was fixed by the State Government. The said training was imparted free of cost to certain poor students as mostly the girls from the surrounding village were taking training from the institute. Later on, the assessee started the course of B.Sc (Nursing) Course Basic, B.Sc Nursing Basic and course of A.N.M. Under the said courses, the students who wanted to convert their diploma into degree were joining....
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....xempt from tax. The prescribed limit of the annual receipts, for the year under appeal was Rs. One Crore or less. The assessee has placed on record its audit report alongwith the audited balance sheet and Profit & Loss Account and also the copy of return of income filed for the assessment year 2007-08 at page 5 to 29 of the Paper Book. The perusal of the Profit & Loss Account placed at page 27 of the Paper Book reflects the assessee to have received fees totaling Rs. 54,66,000/-, other receipts of Rs. 27,360/- subscription of Rs. 1680/- and interest received from bank at Rs. 8241/-. Perusal of the Profit & Loss Account filed by the assessee for the financial year 2006-07 reflects that the only source of income was of M/s Saraswati Nursing I....