Supreme Court · 2008 INSC 623 · Decided 9 May 2008
American Hotel & Lodging ASSN. EDU. INS. v. Central Board of Direct Taxes & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 623 · [2008] 8 S.C.R. 117
- Case number
- CIVIL APPEAL No. 3468/2008
- Decided
- 9 May 2008
- Bench
- S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 10, 10(22)
Headnote
Income Tax Act, 1961- s. 10 (23 C) (vi) and its third pro- visa (as inserted by Finance Act, 1998) - Tax exemption - To assessee as an educational institution - Granted prior to Fi- c nance Act, 1998 - Thereafter application for seeking initial approval in terms of s. 10 (23 C) Authority- Propriety of- Held: By introduction of third proviso to the Section, Prescribed Authority could stipulate monitor- t ing conditions before grant of initial approval for the first time D - But in the cases where the applicant had earlier obtained exemption, tha approval cannot be
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