The Tax Publishers2020 TaxPub(DT) 5192 (Pat-HC)

INCOME TAX ACT, 1961

Section 10(23C)(vi)

Where both the parties were ad-idem that the matter with regard to granting of exemption under section 10(23C)(vi) to assessee could be remanded to the authority for consideration afresh, by affording opportunity to the parties to place all materials, accordingly, the matter was remanded to the appropriate competent authority for fresh consideration.

Exemption under section 10(23C)(vi) - Educational institution - AO alleged that assessee was not an educational institution -

Revenue rejected assessee's claim for exemption under provisions of section 10(23C)(vi) on the ground that the assessee was not an educational institution and it did not have complete material, including as to whether it was generating any profit by taking fees for conducting examination. Held: At the time of hearing, both the parties were ad-idem that the matter could be remanded to the authority for consideration afresh, by affording opportunity to the parties to place all materials, enabling the authority to arrive at a decision in accordance with law. Accordingly, the matter was remanded to the appropriate competent authority for consideration of the assessee's application for exemption under section 10(23C)(vi) afresh after providing adequate opportunity of hearing and the authority was directed to decide the matter afresh by passing a speaking order.

REFERRED :

FAVOUR : Matter remanded.

A.Y. : 2013-14



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