CIT v. Children’s Education Society

358 ITR 373High Court2013#2791 most cited

What is CIT v. Children’s Education Society authority for?

When an assessee society runs multiple educational institutions, the exemption under Section 10(23C)(iiiad) applies to each institution individually, meaning the specified monetary limit is considered per institution and not for the aggregate annual receipts of the entire society.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2026.

Also referred to as

CIT v. Children’s Education Society · 358 ITR 373 · Section 10(23C)(iiiad) · educational institution exemption · monetary limit per institution · annual receipts limit · educational society income · charitable trust exemption · aggregate income · Section 10(23C)

Sections most often in play

Section 10(23C)(iiiad)Section 12AASection 11Section 12ASection 139(4C)Section 10(23C)(vi)Section 139(1)Section 143(1)

Issues it is cited on

section 10(23c)(iiiad)section 102section 10(23c)section 13(1)(c)childcorpus donationcorpus fundsection 13(1)cancellation of registrationmaximum marginal ratesection 2(15)section 16

Judgments citing CIT v. Children’s Education Society

M/S the Augustinian Society, Bangalore vs. Asst.DIT, Bangalore

In the result, the appeal by the assessee is allowed

ITA 973/BANG/2015[2007-08]Status: DisposedITAT Bangalore30 Nov 2015AY 2007-08

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazassessment Year : 2007-08

For Appellant: Shri Suresh Muthukrishnan, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10Section 10(22)Section 11(2)Section 143(2)

…hich does not exist solely for educational purposes. Therefore, exemption of income from running the school being not less than 1 Crore cannot be availed by the assessee. 14. We have heard both the parties. In the case of CIT v. Children’s Education Society, 358 ITR 373 (Karn), the Hon’ble jurisdictional High Court dealt with two substantial questions of law which are as follows:- “2. Whether, on the facts of the case, the Tribunal is correct in holding that the exemption in terms of provisions of section 10(23C)(iiiad) of Income-tax Act, 1961, is available to the respondent-assessee as annual receipts of each…

Sree Gangadhareshwarar Education Trust vs. The Deputy Director of Income Tax

ITA/296/2010HC Karnataka18 Dec 2013

Bench: N.KUMAR,RATHNAKALA

Section 10Section 260A

…ppeals are taken up for consideration together and disposed of by this common order. 5. This Court had an occasion to consider the said question in the case of Commissioner of Income-tax and another Vs. Children’s Education Society reported in (2013) 358 ITR 373 (KAR) where the following questions were framed: (i) Whether, on the facts of the case, the Tribunal is correct in holding that the exemption in terms of provisions of Section 10(23C)(iiiad) of Income-tax Act, 1961, is available to the respondent- assessee as annual receipts of each of the institutions of the respondent- - 5 - s…