OM PRAKASH SHIKSHA PRASAR SAMITI Vs. CHIEF COMMISSIONER OF INCOME TAX
LAWS(SC)-2014-1-91
SUPREME COURT OF INDIA
Decided on January 20,2014

Om Prakash Shiksha Prasar Samiti and Anr. Appellant
VERSUS
CHIEF COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

- (1.)Leave granted. These appeals are directed against the judgment and order passed by the High Court of Madhya Pradesh at Gwalior in Writ Petn. Nos. 5476 of 2006 and 1602 of 2008, dt. 30th March, 2011. By the impugned judgment and order the High Court has affirmed the reasoning and conclusion reached by the Chief CIT, Bhopal.
(2.)The petitioners have applied for grant of a certificate under Section 10(23C)(vi) of the IT Act 1961 (for short, 'the Act') inter alia requesting the authorities to grant certificate to claim exemption under the provisions of the Act. The said certificate was not granted by the authorities primarily on the ground that the appellants are not using the entire income for the educational purposes for which purpose the trust is established.
(3.)Being aggrieved by the order passed by the Chief CIT, the appellants have approached the High Court in Writ Petn. Nos. 5476 of 2006 and 1602 of 2008. The said writ petitions were dismissed by the High Court.


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