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Issues Involved:
The issue involves the entitlement of exemption of income from a primary school under section 10(22) of the Income-tax Act, 1961. Judgment Details: Issue 1: Entitlement to Exemption under Section 10(22) of the Income-tax Act, 1961 The society, which runs a primary, middle, and higher secondary school, claimed exemption under section 10(22) of the Act. The Assessing Officer rejected the exemption claim for the primary school, deeming it to be run for profit due to substantial income. However, the Appellate Assistant Commissioner and the Tribunal found that the primary school's income was utilized for educational purposes and not for profit, making it eligible for exemption under section 10(22) of the Act. The society's memorandum of association and the utilization of income were crucial factors in determining the eligibility for exemption. Issue 2: Interpretation of Conditions for Exemption under Section 10(22) The conditions for availing exemption under section 10(22) require that the educational institution must exist solely for educational purposes and not for profit. Merely having a surplus of receipts over expenditure does not imply profit-making intent. The income should be directly related to educational activities and utilized for educational purposes. The Tribunal's analysis concluded that if profits are generated incidentally and used for educational advancement, the institution is still eligible for exemption under section 10(22) of the Act. The judgment affirms that educational institutions, even if they generate surplus income, can qualify for exemption under section 10(22) of the Income-tax Act, 1961, as long as the income is utilized for educational purposes and not for profit. The Tribunal's findings regarding the utilization of income from the primary school for educational activities were deemed sufficient to grant the exemption.
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