2022 (8) TMI 293
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....essing the return u/s 143(1) of the Act in these assessment years. 3. Facts of the case are similar in both the assessment years. We consider the facts in AY 2017-18 in which the assessee stated that the assessee is a charitable institution running education institutions at Ranebennur having 5 segments and having each segment gross receipts is less than Rs.1 cr and filed return of income by claiming exemption u/s 10(23C)(iiad) of the Act. The assessment was done u/s 143(1) of the Act dated 31.3.2019 by disallowing claim of exemption u/s 10(23C)(iiiad) of the Act and levied tax thereon. Aggrieved by the order, assessee has filed application u/s 154 of the Act. Subsequently, Ld. AO has not considered the assessee's submission and passed orde....
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....ch has been bifurcated section wise by the assessee. Therefore, these grounds of appeal were dismissed by the Ld. CIT(A). Aggrieved by the order of Ld. CIT(A), the assessee is in appeal before us. 5. We have heard the rival submissions and perused the materials available on record. In our opinion, this issue is covered by the judgement of Hon'ble Karnataka High Court in the case of CIT Vs. Children's Education Society (2013) 358 ITR 0373 dated 18.3.2013, wherein it was held as under:- "3.3 CIT vs. Children's Education Society, (2013) 358 ITR 0373 (Karn), dt.18-3-2013. AY 1999-2000, 2000-01 The trust was running 28 educational institutions located in various places and received fees and corpus donations. The AO clubbed all of them and tax....
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....see under subclause (iii)(ad) reading with sub-clause (iii)(ad) along with Rule2BC. It was contended, the Legislature used the word "aggregate annual receipt" and "amount of annual receipts" and therefore, the provisions are not one and the same. The word "aggregate" has been defined in Chambers 21st Century Dictionary as under: "aggregate - noun = a collection of separate units brought together, a total taken altogether, bring together." In Wharton's Law Lexicon, it is defined as thus: "a collocation of individuals, units or things in order to form a whole" 22. Similarly relying on the judgment of the Apex Court in the case of Aditanar Educational Institution vs. Addl. CIT, it was contended the word "other educational institution' refers t....
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.... exemption, aggregate of annual receipts should not exceed Rs. 1 crore i.e. the total annual receipts of a year if it does not exceed Rs.1 crore, then the income derived from such educational institution in the hands of the assessee cannot be taken into consideration to compute the income of the assessee." 6. Further, in the case of Jat Education society Vs. Deputy Commissioner of Income-tax (2011) 141 TTJ 0316 (Delhi) dated 11.2.2011 the Hon'ble Delhi High Court has held as under:- 3.1 Jat Education Society vs DCIT - (2011) 141 TTJ 0316 (Delhi), dt. 11-2-2011, AY 2003-04, 200405 For the purpose of s.10(23C)(iiiad), the annual gross receipts of three educational institutions being run separately by the assessee society cannot be clubbed....