Law:

Section:

Section 10(23C)(vi), read with section 10(22), of the Income-tax Act, 1961 - Educational institutions - Assessment year 1999-2000 - Whether in cases where applicant had earlier obtained exemption under section 10(22) and after omission of said section applies for first time for initial approval in terms of section 10(23C)(vi), prescribed authority must give an opportunity to applicant-institute to comply with monitoring conditions which have been stipulated for first time by third proviso to section 10(23C); therefore, such cases need not be reopened on ground that third proviso to section 10(23C), containing monitoring conditions/requirements like application, accommodation, deployment of income in specified assets, has not been complied with - Held, yes - Whether however, prescribed authority can grant approval subject to monitoring conditions contained in third proviso and after grant of approval, if it is brought to notice of prescribed authority that conditions on which approval was given have been breached, then, it can withdraw approval earlier given - Held, yes - Whether Parliament, in its wisdom, has stated in third proviso that educational institution has to apply its income wholly and exclusively to objects for which it is established and plain words of third proviso do not require that application of income to be in India - Held, yes - Whether however, it should not be understood to mean that applicant has not to impart educational activities in India; impartation of education must be in India if applicant desires exemption under section 10(23C)(vi) - Held, yes Interpretation of statutes : Rule of harmonious construction FACTS The appellant was a non-profit organization set-up in the USA and had been granted tax exemption as an educational institute in that country. It had a branch office in India, mainly to comply with its obligations under various agreements with the Government of India (Ministry of Tourism). In accordance with the terms of the MoU, the appellant was responsible, inter alia, for providing a full and complete curriculum, recognized throughout the world, for all hospitality educational programmes in India, making available text…

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