INCOME TAX ACT, 1961

Section 10(23C)(vi)

Exemption under section 10(23C)(vi) - Educational institution - Eligibility of assessee -

Assessee-trust claimed exemption under section 10(23C)(vi). AO denied said exemption claimed on the ground that assessee-trust was not registered under section 12A. Held: Since two appeals are filed by the assessee against the orders of AO in denying benefit of exemption claimed under section 10(23C) and the very same matter has gone back to the file of the Chief CIT(A) for reconsideration, the assessment orders passed by AO consequent to rejection of exemption claimed under section 10(23C) cannot survive under the law. Therefore, appeals filed by the assessee need to go back to the file of the AO for re-consideration of the issue after the outcome of the proceedings before the Chief CIT(A), regarding eligibility of the assessee for exemption under section 10 (23C).

REFERRED : PKD Trust v. ITO 2019 TaxPub(DT) 5362 (Mad-HC)<.i> and PKD Trust v. ITO 2017 TaxPub(DT) 1015 (Chen-Trib).