The Director Of Income Tax (Exemptions) v. Sri Gowtham Academy Of General And Technical Education,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SMT. JUSTI CE ANI S I .T.T.A.No.391 of 2016 JUDGMENT: (per Hon'ble Sri Justice Sanjay Kumar) This appeal by the Revenue under Section 260A of the Income-tax Act, 1961 (for short 'the Act of 1961'), seeks to raise the following substantial question of law:

(i) "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the income of the assessee would be exempted under Section 11 of the Act of 1961, even in the absence of approval under Section 10(23C) (vi) of the Act of 1961?

It is however stated before us that this issue is no longer res integra. In I.T.T.A.No.635 of 2015, this Court considered the very same question of law and by judgment dated 13.07.2016, held that Sections 11 and 12AA, on the one hand, and Section 10(23C), on the other hand operate in distinct and separate fields though the criteria prescribed thereunder may overlap to a certain extent. Therefore, approval under Section 10(23C) of the Act of 1961 cannot be considered to be a prerequisite for granting exemption under Section 11 of the Act of 1961. The appeal is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. _______________________ SANJAY KUMAR, J _____________________ ANI S, J Date:20.10.2016 GJ