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CIT .v. Sengunthar Matriculation Higher Secondary School (2020) 121 taxmann.com 338 / (2021) 277 Taxman 252 (Mad) (HC)

S. 10 (23C): Educational institution – Exemption cannot be denied on ground that it does not have independent Memorandum of Association , bye-laws, etc unless it is proved that assessee does not meet parameters of section 10(23C) of the Act . [ S.10(23C)(vi) ]

Dismissing the appeal of the revenue High Court held that:

  1. Tribunal has rightly discussed the relevant provisions of the Act and finding that the Appellant Educational Institution is undoubtedly, an “Institution” covered by the provisions of section 10(23C)(vi) of the Act and therefore, as an AOP, it was entitled to exemption irrespective of the fact whether it had separate registration under other law as an Institution or Society or not.
  2. Since the Appellant/Assessee is admittedly filing its Returns of Income as AOP. So long as the Assessee adheres to the parameters required to be satisfied under section 10(23C) of the Act to avail the exemption granted under the provision, it is so entitled (TCA No 467 of 2017 dt. 25-09-2020) (AY. 2014-15)