Exemption U/s. 10(23-C) (iiiad) even when the assessee had not claimed any exemption under the Section in assessment proceedings

It has been submitted on behalf of the revenue that the Tribunal granted the benefit of Section 10(23-C)(iiiad) without such a claim being made before the assessing officer or the CIT(A). Held – The assessee trust has taken various steps, including the construction of building and getting the necessary permission and sanction for running the school; so as to bring the school into “existence” during the year, although the school have separate running classes from next year onwards. More then sufficient details and evidences have been brought on record in support of this conten...