Gurudwara Kalgidhar Singh Sabha v. ITO(E) (2021)86 ITR 46 (SN)(Delhi) (Trib)

S. 10 (23C): Educational institution-Approval from prescribed authority mandatory —Not entitled to exemption [ S. 10 (23C)(v)]

Dismissing the appeal the Tribunal held  that a trust or institution meant for public religious purposes claiming exemption under section 10(23C)(v) had to be approved by the prescribed authority. The prescribed authority under rule 2C of the Income-tax Rules, 1962 was Chief Commissioner or Director General and application under section 10(23C)(v) of the Act shall be filed in form 56. Thus, before claiming exemption under these provisions, the assessee had to obtain the approval of the prescribed authority. It was an admitted fact that assessee did not have any approval of prescribed authority under section 10(23C)(v). The assessee’s contention that the requirement of approval under section 10(23C)(v) of the Act was provided by rule 2C only with effect from November 15, 2014 and not during the relevant assessment year was not sustainable. The authorities were justified in denying exemption under section 10(23C)(v)( AY.2011-12).