The Assessing Officer reopened the assessment and denied the exemption by applying the provision of section 13 of the Act. Order of reassessment and denial of exemption was affirmed by the CIT(A). On appeal the Tribunal held that specified persons to whom remuneration paid are members who possess requisite qualification, past years remuneration was allowed after verification, work involve selection of teachers, interaction with parents, management of capital expenditure, providing resources to schools etc. Members have paid taxes at 30%. Addition confirmed by the CIT (A) is directed to be deleted. As the addition is deleted on merit, the issue of reassessment is not decided. (AY. 2010-11, 2014-15, 2015-16)
Heritage Educational Society v. Dy. CIT(E) (2021) 209 TTJ 188 / 197 DTR 201 (Chd.)(Trib.)
S. 13 : Denial of exemption-Trust or institution-Salary and remuneration to trustees-Specified persons-Members possess requisite qualification-Past years remuneration was allowed after verification-Work involve selection of teachers, interaction with parents, management of capital expenditure, providing resources to schools etc-Members have paid taxes at 30%-Addition confirmed by the CIT (A) is directed to be deleted. [S. 11, 12, 13(1)(c) 147, 148, 164(2)]