2018 (11) TMI 1496

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iiiab) is available to the society as a whole, when in fact some of the institutions under the assessee trust are unaided and fall outside the purview of Section 10(23C)(iiiab) of the Act?"   2. The respondent - assessee is a registered Public Charitable Trust. The assessee runs a large number of educational institutions such as primary and higher secondary schools, arts, science, commerce and law colleges, vocational institutions like nursing, physiotherapy, management and nursing colleges. These institutions are situated at various places in the State of Maharashtra. The Trust was established by Lokmanya Tilak and is in existence since more than 125 years. For the said assessment year 2008-09 in the return filed, the assessee claime....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 3. Learned counsel for the Revenue submitted that the Tribunal committed serious error in allowing the assessee's appeal. He pointed out that there were three educational institutions run by the assessee trust which neither received Government grant and their income would not be exempt since the total receipts exceeded Rs. One Crore. Qua these institutions, the assessee's claim of exemption was not valid. Learned counsel argued that in the decision in the case of Aditanar Educational Institution (supra), this question did not come up for consideration before the Supreme Court. 4. Having heard the learned counsel for the Revenue and having perused the material on record, in our opinion, the central question is whether the exempti....