Uttrakhand High Court
pertained to Section 10(23C)(iiiad) of the Act. The third proviso to
Section 10(23C)(vi) is not applicable ... Section 10(23C)(iiiad) . Secondly, the judgment rendered by the
Uttarkhand High Court runs contrary to the provisions of Section
10(23C)(vi
With effect from 1st April, 1999, Section 10(22) of the Act was substituted by Section 10(23C)(vi) thereof. However, the substantive provision ... 10(23C)(vi) remained the same as Section 10(22) of the Act. Section 10(23C)(vi) of the Act reads as follows:
10
Supreme Court as applicable to Section 10(22) would
equally apply to section 10(23C)(vi) of the Act.
4.7 While referring to the judgment ... been laid
down in Section 10(23C)(iiiad) . However, sub-clause (vi) of sub-section
(23C) of Section 10 contemplates that any university or educational
1167.12.sxw
Section 10(23C)(iiiab) . For Assessment Year 2008-09, the benefit of
Section 10(23C)(iiiab) was denied to the Petitioner though ... would not be governed by Clause (vi) of Section
10(23C) , but by Section 10(23C)(iiiab) . This position is reiterated in
the order
Parekh, [1993] 201 ITR 939 (Guj)). Section
2(15) is wider in terms than section 10(23C)(vi) of the Act. If the assessee ... Section 10 (22) and Section 10
(22A) . These amendments, it was highlighted, were crucial inasmuch they changed
the complexion and contours of Section 10 (23C
date from which the registration under section 12AA or section 12AB or approval under clause (23C) of section 10 became effective, if the specified person ... proviso to sub-section (2) of section 12A or the eighth proviso to clause (23C) of section 10, the benefit of sections
that the Petitioner had
been previously granted exemption under Section 10(22) or 10(23C)(vi) of
the Act, does not guarantee that the exemption ... Section 10(23C) of the Act.
20. Before proceeding further it would be necessary to refer to the
provisions of Section 10(23C
benefit of the provisions of Section 10 (23C) . The third proviso to Section 10 (23C) would establish that Parliament did not regard the accumulation ... applicable to Section 10 (22) would equally apply to Section 10 (23C) . The Proviso, however, inserted in Section 10 (23C) (vi) requires the applicant
section 10(22). To that
extent, the judgments of this court as applicable to section
10(22) would equally apply to section 10(23C)(vi ... under section
10(22)) but it has now to obtain initial approval from the
prescribed authority, in terms of section 10(23C)(vi) by making
10(23C)(vi) and s.10(23C)(via) is hereby withdrawn
by invoking the 14th Proviso to s. 10(23C)(vi) and
s.10(23C ... section (5) of Section
11 read with Section 13(1)(d) ; and Section 10(23C) clause (b) of 3rd
proviso to Section 10(23C) (vi
