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We find that the facts of the instant case are pari-materia in the sense that in the instant case, same educational courses were being conducted when the approval was withdrawn under section 10(23C)(vi) and subsequently approval was granted though under section 12AA of the Act which clearly bring out the incongruity which cannot be sustained in the eyes of law. Further, in the instant case, there is no adverse material against the assessee University rather the latter has submitted the decisions of the Hon’ble Rajasthan High Court where the degrees awarded by the assessee University in courses of A.N.M., G.N.M. and B.Ed. are held valid. The ld CIT/DR has drawn reference to regulations of Indian Medical Council and a public notice stating that the assessee University has not been approved by MCI for starting medical courses. In our view, whether the assessee University is required to obtain approval from MCI for conducting medical courses is a matter for the MCI or concerned appellate authority to decide, as far as the genuineness of activities of conducting such courses is concerned, there is no adverse material on record. Therefore, we find that the aforesaid decision in case of Geetanjali University support the case of the assessee university.

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Sec. 10(23C)(vi) of Income Tax Act, 1961—Exemption—Assessee entitled to exemption as assessee university is running a hospital and there is nothing on record to suggest that such hospital was run on commercial basis and there are any earnings from such hospital and even the income and expenditure account which has been relied upon by the Revenue only talks about the hospital construction expenditure and not actually running and maintenance expenditure or any earnings from such hospital, therefore,it is a medical research and teaching hospital with the sole object of providing teaching and training to the students in medical courses such as Nursing, Paramedical etc. and also taking care of general healthcare and wellness of the students and staff of the assessee University, thus there is no basis for withdrawing the exemption so granted to the assessee university under section 10(23C)(vi) of the Act and we accordingly direct the ld CIT(E) to restore the exemption approval under section 10(23C)(vi) from the date the same was withdrawn - SINGHANIA UNIVERSITY PACHERI BARI V/s CIT - [2020] 77 ITR (TRIB) 501 (ITAT-JAIPUR)

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