INCOME TAX ACT, 1961

Section 10(23)(iiiab)

Exemption under section 10(23)(iiiab) - Allowability - State Board of secondary education - Denial on the ground of assessee not running educational institution

Assessee, a body corporate constituted under Board of Secondary Education Act was an instrumentality of State for imparting secondary education. AO denied exemption on the ground that assessee was not engaged in running any educational institution.Held: Assessee Board of Secondary Education, Odisha was constituted under Board of Secondary Education Act 10 of 1953 inter alia, to provide secondary education in the State of Odisha by preparing course for education in secondary preuniversity stage and to conduct examination for those, who have completed prescribed courses of study and to award certificates to successful candidates and also performing other statutory duties incidental thereto. Therefore, establishment of Board was only for imparting secondary education throughout the State of Odisha under section 3 of the Act to regulate control and develop secondary education in the State of Odisha and, therefore, assessee was entitled for the benefit under section 10(23)(iiiab).

Relied:Rajasthan Hindi Granth Academy v. Dy. CIT 2017 SCC Online Raj 3547 : (2000) 244 ITR 667 (Raj) : 2000 TaxPub(DT) 783 (Raj-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :

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