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Issues involved: Exemption under section 10(22) of the Income-tax Act, 1961 and applicability of section 13(1)(bb) of the Act.
Summary: The High Court of Madras considered a case where an educational trust claimed exemption under section 10(22) of the Income-tax Act, 1961. The Income-tax Officer initially denied the exemption and held the trust's activities were affected by section 13(1)(bb) of the Act. However, the Commissioner of Income-tax (Appeals) and the Appellate Tribunal ruled in favor of the trust. The main question referred to the court was whether the trust was entitled to the exemption under section 10(22) of the Act. The court relied on the Supreme Court's decision in Aditanar Educational Institution v. Addl. CIT [1997] 224 ITR 310, which emphasized that the institution must exist solely for educational purposes and not for profit to qualify for the exemption. The court found that the trust, in line with its objects, operated several schools and utilized income from properties for educational purposes. It distinguished between the objects and powers of the trustees, emphasizing that the trust was established solely for educational purposes and not for profit. The court rejected the Revenue's argument that only income directly related to educational activities should be exempt, stating that if the trust's object is education, it is entitled to the exemption under section 10(22) of the Act. Referring to decisions by the Kerala High Court, the Madras High Court agreed that eligibility for exemption under section 10(22) should be based on the trust's objects rather than its powers. Following the Supreme Court's guidance in Aditanar Educational Institution's case, the court held that the trust was indeed entitled to the exemption under section 10(22) of the Act. Consequently, the court answered the question in favor of the trust and against the Revenue, with no order as to costs.
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