The Commissioner Of Income Tax, Hazaribagh v. Adarsh Vidya Mandir, Bokaro

----- Tax Appeal No. 19 of 2010With Tax Appeal No. 20 of 2010WithTax Appeal No. 21 of 2010WithTax Appeal No. 22 of 2010WithTax Appeal No. 23 of 2010 ----- The Commissioner of Income Tax, Hazaribagh ................Appellant VersusAdarsh Vidya Mandir, Bokaro............ Respondent----- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY For the Appellant: Mr. Deepak Roshan, AdvocateFor the Respondent: ----- Order No. 07Dated, 20th March, 2013 These Tax Appeals have been preferred by the Revenue to assail the order passed by the Income Tax Appellate Tribunal, Circuit Bench, Ranchi as well as the order passed by the Commissioner of Income Tax (Appeals) whereby both the lower authorities held that the assessee is running educational institution and it is not earning profit. Revenue receipt, however exceeded and in view of the specific provisions under Section 10(23C)(iiiad) read with Rule 2BC(1) of the Income Tax Rules, 1962, the limit of such excess receipt if exceeds Rupees One Crore, then only the exemption is not allowed to such institution. However, in this case, for the assessment year 1999-2000 to 2003-2004 for all five years, receipt was maximum upto Rs.42,94,690=50 which is below the exemption limit of Rupees One Crore. In view of the above reasons, no question of law is involved in these appeals, hence, these appeals are dismissed. (Prakash Tatia, C. J.) (Jaya Roy , J.)