2008 (2) TMI 312 - HC - Income Tax

Trust - exemption u/s 10(22) mere for the reason that assessee earned Rs. 9603 through sale of books, it cannot be construed that assessee didn t exist solely for educational purposes but for the profit motive if there is no change in activities, mode of investment/functioning, then exemption cannot be denied for any subsequent year moreover in CBDT circular no. 712 there is no obligation that an education institution must invest its funds in the modes specified in section 11(5)

Summary

Issues:
1. Exemption under Section 10(22) of the Income Tax Act for an educational trust.
2. Factors considered by the Assessing Officer for denying exemption.
3. Contention regarding profit motive and investment of funds.
4. Interpretation of conditions precedent for availing exemption under Section 10(22).
5. Analysis of relevant case laws.

Detailed Analysis:

1. The judgment pertains to an educational trust registered under Section 12A(a) of the Income Tax Act, 1961, seeking exemption under Section 10(22) for the Assessment Year 1997-98. The trust operates four educational institutions in Orissa and Rajasthan.

2. The Assessing Officer denied exemption based on three factors: a nominal rental income from a property, minor profit from the sale of books, and an investment with a non-governmental body, indicating diversion of funds for non-educational activities.

3. The trust contended that the rental income and book sales were insignificant, not indicative of a profit motive, and the investment was made to earn interest for educational purposes. The Commissioner of Income Tax (Appeals) accepted this contention.

4. The judgment interprets the conditions precedent for availing exemption under Section 10(22) as laid down in Commissioner of Income Tax v. Delhi Kannada Education Society, emphasizing that the institution must exist solely for educational purposes and not for profit, even if there is a surplus.

5. Relevant case laws such as Governing Body of Rangaraya Medical College v. Income Tax Officer and Aditanar Educational Institution v. Additional Commissioner of Income Tax are cited to establish that surplus income does not indicate profit motive if used for the institution's objectives.

6. The judgment concludes that the trust's investment of funds was for educational purposes, in line with Circular No.712, clarifying that educational institutions are not restricted in the mode of fund investment. The trust's consistent educational activities further support its eligibility for exemption under Section 10(22).

7. As there was no substantial question of law arising from the case, the appeal was dismissed, and the Revenue was directed to pay counsel's fee. The trust's entitlement to exemption under Section 10(22) for the Assessment Year 1997-98 was upheld based on the facts and legal interpretations presented in the judgment.