Can exemption u/s10(23c) be revoked due to salary to member's relatives?
C..a......STUDENT
(Querist) 17 December 2013
This query is : Resolved
If an AOP which is exempt u/s 10(23C) of Income Tax, Act, 1961 gives salary to relatives of a member who are highly qualified and experienced for administrative and teaching jobs,
can this exemption be cancelled on this basis?
prabhakar singh
(Expert) 17 December 2013
very very academic is your query !???
prabhakar singh
(Expert) 17 December 2013
WHY WAS IT NOT AN ACADEMIC QUERY?
Guest
(Expert) 17 December 2013
Post the real problem, if any.
R.K Nanda
(Expert) 18 December 2013
consult tax lawyer.
V R SHROFF
(Expert) 18 December 2013
talk to ur CA
ajay sethi
(Expert) 18 December 2013
academic query
C..a......STUDENT
(Querist) 18 December 2013
Sir, my query is not academic.
The scrutiny proceedings of the AOP are under process and the Assessing Officer has raised this issue.
Please reply.
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
To my idea this should not become a basis for cancellation of the exemption under the referred section because it implies that the expenses incurred thus are essential for maintenance, however, you being a CA student, also your senior or other colleagues will be having an updated knowledge on the issue, you may clarify or read it yourself (the provisions).
Vineet
(Expert) 27 December 2013
Mr Sushant, you are trying to make this expert forum as a problem resolving plateform of your own professional pursuits. Please face the challenge thrown by assessing authorities and find out solutions in Act and commentaries.
Your matter is very much fact specific. If Commissioner is satisfied that conditions prescribed u/s 10(23C) are not being met after giving opportunity of being heard, the exemption can be withdrawn. You have all opportunities to prove your case before him or appeal before ITAT if eventually the exemption is withdrawn.
