C.I.T.,Bhopal vs R.K.D.F.Education Society on 8 October, 2014
"8.8 We have not been able to persuade ourselves to accept the view
expressed by the Division Bench of the Uttrakhand High Court in the
case of Queens Educational Society (supra). There are variety of
reasons to support our opinion. Firstly, the scope of the third proviso
was not under consideration, inasmuch as, the case before the
Uttrakhand High Court pertained to Section 10(23C)(iiiad) of the Act.
The third proviso to Section 10(23C)(vi) is not applicable to the cases
falling within the purview of Section 10(23C)(iiiad). Secondly, the
judgment rendered by the Uttarkhand High Court runs contrary to
the provisions of Section 10(23C)(vi) of the Act including the provisos
thereunder. Section 10(23C)(vi) of the Act is equivalent to the
provisions of Section 10(22) existing earlier, which were introduced
with effect from 1st April, 1999 and it ignores the speech of the
Finance Minister made before the introduction of the said provisions,
namely.