COMMISSIONER OF INCOME TAX(EXEMPTIONS), CHANDIGARH Vs. MANAGING COMMITTEE, ARYA HIGH SCHOOL, ARYA SAMAJ GALI, MANSA (PUNJAB)

JUDGEMENT

(1.) The appellant-revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order dated 11.08.2017, Annexure A.2, passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (in short, the Tribunal ) in I.T.A. No.469(Asr)/2016, claiming following substantial questions of law:-

(2.) A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. An application was filed by the respondent-assessee for grant of registration under Section 10 (23C)(vi) of the Act on 13.08.2015 in the office of the Commissioner of Income Tax (E), Chandigarh, [CIT(E)] who, while passing an order under Section 10 (23C)(vi) of the Act denied approval vide order dated 31.08.2016, Annexure A.1. It was inter alia recorded that Section 10 (23C)(vi) of the Act was clearly applicable to any university or other educational institution . A society or a trust could not claim to be either of them if the school was not registered as such. The assessee filed an appeal before the Tribunal. Vide order dated 11.08.2017, Annexure A.2, the Tribunal allowed the appeal. Hence the instant appeal by the appellant-revenue.

(3.) We have heard the learned counsel for the appellant-revenue.