Sharda Mandir High School v. CIT (E) (2022) 214 DTR 425 / 218 TTJ 551 (Mum)(Trib)

S. 10(23C) : Educational institution-Association of persons-Registered with charity commissioner-AOP was formed to run and manage an English medium public school-Denial of exemption is not valid. [S. 2(31)(v), 10(23C(vi), Form No 56D, Bombay Public Trust Act, 1950]

Held that the Assessee being an AOP of two charitable trusts which are registered with the IT authorities and are regulated by the Charity Commissioner registration for exemption under S.  10(23C)(vi) cannot be denied on the ground that the assessee is an AOP and an unregulated entity.  The assessee AOP is  running a school and is deriving income only by way of educational fees and interest on fixed deposits which is utilized solely for educational purposes, and there is no distribution of profit between the two members, assessee is an educational institute existing solely for the purpose of education and not for the purposes of profit and therefore, it is entitled for exemption under S. 10(23C)(vi). Directed the CIT(E) to grant exemption. (AY.2018-19)