New Amazing Shiksha Society, Ghaziabad vs Ito(Exemption Ward), Ghaziabad on 26 February, 2019
She also filed a letter dated
23.1.2019 stating therein that the assessee is an educational institution
and had claimed exemption u/s. 10(23C)(iiiad) of the Act, for the AY
2014-15 as total receipts for the year under consideration was less than 1
Crore and thus, entire surplus of Rs. 12,01,906/- is not taxable as per
provision of law and in this regard, she attached the utilization of
surplus generated during AY 2014-15, over the years alognwith
supporting documents. She also filed the copy of the Income Tax
Department Circular No. 11/2008 dated 19.12.2008 stipulating therein
the Definition of 'Charitable purpose' under section 2(15) of the Income
6
Tax Act. In support of her contention she also filed another Paper Book
containing pages 1-310 in which she has attached the copy of judicial
pronouncements covering the case of the assessee viz. St. Lawrence
Educational Society (Regd.) vs. CIT (2013) 353 ITR 320 (Delhi); CIT vs.
Surat Art Silk Clothes Manufacturers Association (1980) 121 ITR 1
(SC); IILM Foundation vs. ADIT, ITA No. 1142/Del/2011, dated of
pronouncement on 8.11.2017 (ITAT, Delhi).