Case Law Details
Centre For Management Development Vs CIT (Exemptions) (Kerala High Court)
The petitioner, an autonomous educational institution, sought exemption under Section 10(23C)(VI) of the IT Act but was denied due to delays in submitting audit reports. Despite filing appeals for certain assessment years, the petitioner awaits decisions on applications for condonation of delay under Section 119(2)(b) of the IT Act.
The court directs the CIT (Exemptions) to expedite the disposal of these applications, ensuring a decision is reached within two months. Meanwhile, the petitioner is instructed to file appeals for all relevant assessment years, depositing 20% of the assessed amount and submitting applications for condonation of delay and stay petitions. Recovery proceedings will be suspended until the appeals are resolved.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
The petitioner is a self supporting autonomous educational institution which provides research, consulting and training support to development agencies, corporate sectors and the Government, both at the National and State level. The petitioner is managed by a Governing board comprising of a Chairman, three Senior Secretaries to the Government of Kerala, four Chief Executives of public enterprises, two Academicians in the field of management, two industrialists and two representatives of professional bodies. The Director is the member Secretary to the Board. The petitioner got certificate under Section 12A of the Income Tax Act, 1961 (‘the IT Act’ for short) pursuant to the approval granted by the respondents on 22.01.2020. The petitioner has been claiming exemption under Section 10(23C)(VI) of the IT Act from the payment of income tax on its income.
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