PRATHYUSHA EDUCATIONAL TRUST Vs. TAX RECOVERY OFFICER

JUDGEMENT

(1.) Mr.A.P.Srinivas, learned counsel takes notice for the respondent. By consent of both sides, the Writ Petitions are taken up for final disposal at the stage of admission.

(2.) Brief submissions of Mr.Venkatraman, learned senior counsel appearing for Mr.R.Venkatnarayanan, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Standing Counsel appearing for the respondents are as follows: The petitioner is a trust formed under a deed of trust executed on 01.08.2000 and manages an Engineering College from 2001 onwards. Registration under Section 12 AA of the Income Tax Act, 1961 (in short the 'Act') was initially granted on 22.10.2002 and approval under Section 10(23C)(vi) was initially granted on 30.04.2008.

(3.) A search under Section 132 of the Act was conducted by the Income Tax Department consequent to which assessments were completed for assessment years 2010-11 under Section 143(3) read with Section 153 (A) and 2011-12 under Section 143(3), both dated 28.03.2018. The benefit of exemption under Section 10(23C)(vi) as well as under Section 11 were rejected. Other adjustments, including an addition towards collection of alleged unaccounted fees/capitation fees was made. The petitioner filed a first appeal challenging the assessments before the Commissioner of Income Tax (Appeals) (in short 'CIT(Appeals)').