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Issues:
1. Whether the society running an educational institution is eligible for income tax exemption under section 10(22) of the Income-tax Act, 1961. 2. Whether the surplus declared by the society justifies denial of the exemption. 3. Whether penalty proceedings under section 271(1)(c) of the Act should be initiated. Analysis: 1. The respondent society, running an educational institution, claimed income tax exemption under section 10(22) for the assessment year 1998-99. The Assessing Officer, alleging a profit motive and misuse of society's capital, denied the exemption and brought the surplus amount to tax. The Commissioner of Income-tax (Appeals) found no profit motive in the society's operations, emphasizing the educational nature of its objects. Citing relevant case laws, the Commissioner upheld the exemption. The Tribunal also supported this view. The High Court concurred, stating that the society's educational objectives and past exemptions justified the exemption under section 10(22), dismissing the appeal. 2. The Assessing Officer contended that the surplus declared by the society justified denying the exemption. However, the Commissioner and the Tribunal disagreed, emphasizing that the presence of surplus funds does not automatically indicate a profit-making motive. The High Court upheld this position, citing precedents and finding no grounds to deny the exemption based solely on the surplus amount. 3. The Assessing Officer initiated penalty proceedings under section 271(1)(c) of the Act. However, since the High Court upheld the society's eligibility for income tax exemption under section 10(22) and found no profit motive, the penalty proceedings were not discussed further in the judgment. The High Court dismissed the appeal, stating no substantial question of law arose for consideration, as the society's exemption claim was valid based on its educational objectives and past exemptions.
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