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10(23C)(vi) Exemption Wrongly Denied; Surplus Development Fund Not Proof of Profit Motive
Case Law Details
- Case Name
- Vaish Model Primary School Education Society Vs AO (Exemptions) (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Delhi
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Vaish Model Primary School Education Society Vs AO (Exemptions) (ITAT Delhi)
Assessee, a long-established educational society in Haryana, applied for approval u/s 10(23C)(vi) for AY 2009-10 onwards. Its application, filed in 2009, faced repeated rejections by CCIT/CIT(E) in 2010, 2012 and 2024, mainly on two grounds:
(i) surplus transferred to the School Development Fund, and
(ii) society allegedly “generating substantial surplus year after year.”
Each rejection was challenged; Punjab & Haryana High Court twice (2011 & 2018) set aside the rejection and directed fre...
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