The assessee, an Indian Institute of Management established by the Government of India and declared an institution of national importance, obtained provisional approval under an incorrect sub-clause due to an inadvertent error while filing Form No. 10A. Though the CIT(E) accepted the genuineness of the activities, final approval under section 10(23C) was rejected on the ground that provisional approval itself was wrongly granted as the institution had already commenced its activities. The Tribunal held that the error was purely technical and attributable to the incorrect selection of the relevant provision. Since there was no dispute regarding the objects or genuineness of the institution, the CIT(E) was directed to grant approval by treating the assessee as an institution existing prior to 1-4-2021. (AY. 2024-25)
Indian Institute of Management v. CIT (2025) 128 ITR 23 (Chd.)(Trib).
S. 10(23C): Educational institution -Registration -Wrong provision mentioned in application -Technical mistake by counsel -Genuine institution already in existence -Final approval cannot be denied on hyper-technical ground. [First proviso cls. (iii), (iv)]
Leave a Reply