The Tax Publishers2021 TaxPub(DT) 0920 (Del-Trib)

INCOME TAX ACT, 1961

Section 10(23C)(v)

Where assessee did not have any approval under section 10(23C)(v) for the assessment year under appeal, therefore, there was no question of assessee getting any exemption under the same provision as the burden upon assessee to claim exemption under such provision had not been discharged by assessee by producing any adequate evidence on record.

Exemption under section 10(23C)(v) - Religious organization - No approval of Prescribed Authority -

Assessee filed appeal against rejection of claiming exemption under section 10(23C)(v) contending that the requirement of approval under section 10(23C)(v) was provided by rule 2C of I.T. Rules, 1962, w.e.f. 15-11-2014 and hence, there was no requirement for approval by the Prescribed Authority. Held: The view of assessee cannot be subscribed because even section 10(23C)(v) was applicable for the assessment year under appeal and it was necessary to get approval of the Prescribed Authority before claiming exemption under such provision. It is only on 15-11-2014 the Prescribed Authority was designated to be the CIT (Exemptions) as per Board's Notification, dated 5-3-2015. Therefore, contention of assessee has no merit and was accordingly rejected.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2011-12



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