Exemption u/s 10(23C) Can’t Be Denied if AO Fails to Notify Authority on Contravention

DCIT (Exemptions) Vs Mahindra International School Academy (ITAT Pune)

No denial of exemption u/s 10(23C) if AO failed to intimate prescribed authority about contravention of same

Conclusion: Where AO did not act as per the foregoing statutory stipulation intimating the prescribed authority about the contravention of the registration/ approval u/sec.10(23C); no assessment order regarding total income or loss; as the case may be could be made. Therefore, assessee-educational institution was eligible to claim exemption under section 10(23C)(vi).

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