Case Law Details
DCIT Vs UTI India Fund Unit Scheme (ITAT Mumbai)
ITAT Mumbai held that exemption under section 10(23D) of the Income Tax Act is available to UTI India Fund Unit Scheme 1986 as it is one of the scheme listed at sr. no. 37 in schedule II of the Repeal Act.
Facts-
During the course of the assessment proceedings, Assessing Officer observed that the assessee has claimed exemption u/s. 10(23D) of the Act and observed that the section 10(23D) of the Act itself confirms that the Mutual Fund should be registered with Securities and Exchange Board of India (SEBI). AO observed that the Certificate of Registration submitted by the assessee is for UTI Mutual fund and not for assessee trust i.e. UTI India Fund Unit Scheme 1986. Thus, AO denied the exemption u/s. 10(23D) of the Act.
CIT(A) allowed the appeal of the assessee. Being aggrieved, revenue has preferred the present appeal.
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