SHARMA MODERN PUBLIC SCHOOL SHIKSHA SAMITI,JAIPUR vs. ITO (EXEMPTION), ALWAR

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ITA 462/JPR/2017Status: DisposedITAT Jaipur20 June 2019AY 2014-1512 pages
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What did the Tribunal hold?

The Tribunal held that the matter of exemption requires verification of the actual activities carried out by the assessee. Regarding the expenditure disallowance, the Tribunal found a discrepancy and restricted it to 10% of the expenses, subject to the outcome of the exemption issue.

What were the facts?

The assessee, a society running a school and college, claimed exemption under section 10(23C)(iiiad) of the IT Act. The AO disallowed this claim, stating the society's objects were not solely for education. The AO also made a disallowance of 10% of expenditure.

What were the issues?

Whether the assessee society exists solely for educational purposes to claim exemption, and the validity of the expenditure disallowance made by the AO.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, JAIPUR BENCH ’B’, JAIPUR

Before: SHRI RAMESH C. SHARMA, AM & SHRI VIJAY PAL RAO, JM vk;dj vihy la-@ITA No. 462/JP/2017

For Appellant: Shri Manish Agarwal &, Shri O.P. Agarwal (CAs) jktLo dh vksj ls@
1.

The Appellant- M/s. Sharma Modern Public School Shiksha Samiti, Alwar.

2.

The Respondent – The ITO (Exemptions), Alwar. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 462/JP/2017) vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत

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