High Court Punjab-Haryana High Court

Commissioner Of Income Tax vs M/S Mahasabha Gurukul Vidyapeeth … on 20 August, 2009

Punjab-Haryana High Court
Commissioner Of Income Tax vs M/S Mahasabha Gurukul Vidyapeeth … on 20 August, 2009
I.T.A. No. 519 of 2007                                    (1)

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                      I.T.A. No. 519 of 2007

                                      DATE OF DECISION: 20.8.2009

Commissioner of Income Tax, Rohtak                 ..........Appellant

                         Versus

M/s Mahasabha Gurukul Vidyapeeth Haryana           ..........Respondent
Bhainswal & Khanpur Kalan District Sonepat

CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
        HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:-   Mr. Aman Bansal, Advocate
            for the appellant.

                         ****


ADARSH KUMAR GOEL, J. (Oral)

1. The revenue has preferred this appeal under Section 260A of

the Income Tax Act, 1961 (for short, “the Act”) against the order of Income

Tax Appellate Tribunal, Delhi Bench ‘A’ dated 27.04.2007 passed in ITA

No.1422 & 1423/DEL/2004 for the assessment year 2000-01, proposing to

raise following substantial question of law:-

“Whether on the facts and circumstances of the case,

the Income Tax Appellate Tribunal has erred in law in

allowing the exemption of income of an Educational

Society, which is not notified under section 10(23C) (vi)

of the Income Tax Act, 1961?”

2. The assessee is running an educational institution and claimed

exemption under Section 11 of the Act in respect of its income. The

Assessing Officer did not accept this plea on the ground that the assessee

failed to file notification under Section 10(23C) (vi). The CIT(A) upheld the

stand of the assessee. It was observed that absence of registration under

Section 10(23C) (vi) was no bar to exemption under Section 11. This view

has been affirmed by the Tribunal relying upon the judgment of the Hon’ble
I.T.A. No. 519 of 2007 (2)

Supreme Court in CIT Vs. Bar Council of Maharashtra (1981) 130 ITR

78. It was also noticed that the assessee was duly registered under

Section 12A and exemption had been granted for the assessment years

1997-98, 1998-99 and 2002-03.

3. It is patent that the assessee has been granted exemption

before the assessment year in question as well as after the assessment

year in question.

4. Only contention put forward by the learned counsel for the

revenue is that conditions of Section 10(23C) (vi) having not been complied

with, exemption could not be granted under Section 11. He relies upon the

judgment of Hon’ble the Apex Court in American Hotel and Lodging

Association Educational Institute Vs. Central Board of Direct Taxes

and others (2008) 301 ITR 86.

5. We do not find any merit in the submission. Once it is held

that all requisite conditions for exemption under Section 11 have been met,

even if conditions under Section 10 (23C) (vi) have not been complied with,

there will be no bar to seek exemption under Section 11. The judgment

relied upon has no application to the present case as therein the question

was as to the scope of enquiry under Section 10 (23C) (vi) read with 3rd

proviso thereto. The view taken in Bar Council of Maharashtra (supra) is

not shown to have been affected. The CIT (A) as well as the Tribunal

have categorically held that all conditions of Section 11 were fulfilled and

judgment in Bar Council of Maharashtra was applicable We are, thus,

unable to hold that any substantial question of law arises.

6. The appeal is dismissed.



                                            (ADARSH KUMAR GOEL)
                                                  JUDGE


August 20, 2009                             (DAYA CHAUDHARY)
pooja                                            JUDGE
 I.T.A. No. 519 of 2007                                   (3)



Note:-Whether this case is to be referred to the Reporter …….Yes/No