Assessee is a public charitable trust established with main object of facilitating education by starting, acquiring, affiliating or incorporating schools and boarding houses. Assessee filed its return of income claiming exemption under section 11. Assessee also claimed exemption under section 10(23C)(iiiad). Assessing Officer disallowed claim of exemption under section 11. On appeal, Commissioner (Appeals) upheld denial. On appeal before the Tribunal held that Assessee contended that entire expenditure incurred by trust was for educational purposes and thus entire income of trust was otherwise exempt, if not under section 11 but under section 10(23C)(iiiad). Tribunal remanded the matter before the AO to decide in accordance with law. (AY. 2020-21)
Muslim Education Society. v. ITO (2025) 212 ITD 124 (Pune) (Trib.)
S. 11 : Property held for charitable purposes-Claimed exemption under section 11 and section 10(23C)(iiiad)-Failure to file Form 10B-Matter is set aside to file of Assessing Officer with a direction to verify whether assessee is eligible for claim of exemption under section 10(23C)(iiiad) of the Act.[S. 10(23C)(iiiad)]
Leave a Reply