2024 (1) TMI 478

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....nafter referred as the "Act"). Both the appeals were heard together and are being disposed of by a common order for the sake of convenience. 2. Heard and perused the record. 3. After hearing the learned representatives of both sides it comes up that Learned CIT(Exemptions) has primarily examined the claim of assessee on the basis of Memorandum of Association (MOA) and Bye-laws of the Society dated 29.04.1994 which was limited in scope as Society was authorised by MOA to manage and run DVM Public School. Learned CIT(Exemptions) observed that assessee Society was running DVM College of Education. 4. Learned AR has pointed out that there was amendment in the Memorandum of Association and a copy of which is on record at page nos. 58 to....

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....nate Bench in ITA nos. 892 & 893/Del/2016 order dated 19.02.2018 where also Learned CIT(Exemptions) had rejected the claim of assessee u/s 80G(5)(vi) of the Act on the ground, inter alia, that gross receipts in all the five years are far in excess of Rs. One crore and the assessee Society has wrongly claimed exemption u/s 10(23C)(iiiad) of the Act. The Coordinate Bench observed in para nos. 7,8,9 & 10 as under: "7. On 19.01.2018, Sh. Mohan Prakash, Secretary of the society attended this office and filed response of above noted queries. During the course of eharing, the applicant was asked to furnish the detailed reply to point 2(vi), (xiv) and (xx) of the letter daed 01.12.2017 by 23.01.2017. On the fixed date, the applicant furnis....

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....e, the applicant has claimed exemption u/s 10(23C)(iiiad) in past preceding years. The aggregate receipts of the society for the last three years are tabulated as under:- F.Y. Aggregate Receipts (Rs.) 2014-15 1,12,21,350/- 2015-16 1,60,50,648/- 2016-17 1,17,05,232/- To that extent, the contention of the applicant of claiming exemption u/s 10(23C)(iiiad) is seemingly wrong as the aggregate receipts of the applicant were consistently above Rs. 1 Crore, an aspect that shall be examined by the jurisdictional AO separately. 9. Further perusal of documents reveals that the applicant society is running a school named "DVM Public School" and a college named "DVM College of Education". In the old MOA and Bye....