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2013 (5) TMI 839 - HC - Income Tax

Issues involved: Challenge to rejection of exemption application by Chief Commissioner of Income Tax based on inclusion of other purposes apart from educational purpose in Society's objects.

Summary:
The petitioner, a registered Society, challenged the order rejecting its exemption application due to inclusion of other purposes besides educational purpose. The petitioner argued that the rejection was illegal as there was no evidence of the Society being engaged in pursuits other than education. Citing a previous judgment, it was emphasized that the key consideration for exemption is whether the Society is solely involved in educational activities. The department failed to provide any new evidence or argument. Consequently, the Court allowed the petition, quashed the order, and directed a fresh decision within three months in line with the legal precedent.

The judgment highlighted the importance of focusing on whether a Society is exclusively engaged in educational activities when considering exemption applications, regardless of other objects in its charter. The decision emphasized the need for concrete evidence of a Society deviating from its educational mission before rejecting exemption. The Court's ruling underscored the significance of adherence to legal principles and established precedents in tax matters involving charitable and educational institutions.

 

 

 

 

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