ICF SILVER JUBILEE NURSERY & PRIMARY SCHOOL,CHENNAI vs. DCIT NON CORP WARD 10(1), CHENNAI

ITA 126/CHNY/2024Status: DisposedITAT Chennai14 February 2025AY 2018-19Bench: SHRI MANU KUMAR GIRI, HON'BLE (Judicial Member), SHRI S. R. RAGHUNATHA, HON'BLE (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the exemption under Section 10(23C)(iiiad) should be considered for each educational institution separately, provided its annual receipts do not exceed Rs. 1 crore. The CIT(A) erred in confirming the denial of exemption.

What were the facts?

The assessee, a society running two educational institutions (Nursery and Primary schools), claimed exemption under Section 10(23C)(iiiad) of the Income Tax Act. The Assessing Officer and CIT(A) denied this exemption, aggregating the receipts of both schools.

What were the issues?

Whether the aggregate annual receipts of multiple educational institutions run by a society can be considered for exemption under Section 10(23C)(iiiad), or if each institution should be assessed individually.

Which sections of the Income-tax Act were involved?

Section 10(23C)(iiiad), Rule 2BC

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Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI MANU KUMAR GIRI, HON’BLE & SHRI S. R. RAGHUNATHA, HON’BLE

Hearing: 04.02.2025Pronounced: 14.02.2025

PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:

This appeal by the assessee is filed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2018-19, vide order dated 20.11.2023

2.

The assessee has raised the following grounds of appeal: 1. “The Order of the Commissioner of Income Tax (Appeals) relevant to the AY 2018-19 dt. 20.11.20

The order continues below.

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