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Issues Involved:
1. Whether the assessee society qualifies for exemption under Section 11 read with Section 2(15) of the Income Tax Act. 2. Whether the assessee society qualifies for exemption under Section 10(22) of the Income Tax Act. Detailed Analysis: Issue 1: Exemption under Section 11 read with Section 2(15) of the Income Tax Act The primary contention revolves around whether the assessee society's activities qualify as "charitable purposes" under Section 2(15) of the Income Tax Act, thereby entitling it to exemption under Section 11. Arguments by the Revenue: - The Revenue argued that the first two objects of the society, which involve the production, printing, publishing, stocking, and distribution of approved textbooks, are non-charitable in nature. - The Revenue cited judgments from the Delhi High Court and Rajasthan High Court, asserting that if even one object of a charitable society is non-charitable, the society would not be entitled to benefits under Section 11. - The Revenue referred to the Supreme Court's decision in the Loka Shikshana Trust case, arguing that the assessee's activities fall under the fourth wing of the definition of charitable purpose, i.e., "object of general public utility," and involve the carrying on of an activity for profit, which disqualifies it from exemption. Arguments by the Assessee: - The assessee contended that its primary and dominant object is the advancement of education, which falls within the term "education" as used in Section 2(15). - The CIT (A) supported the assessee's view, stating that the activities of producing and distributing high-quality textbooks are integral to promoting better teaching in Delhi schools and cannot be isolated from the main educational objective. - The assessee referred to Clause 17(1) of its Rules and Regulations, which mandates that its income shall be applied only towards its objectives, thus reinforcing its charitable nature. Tribunal's Findings: - The Tribunal agreed with the CIT (A) that the activities of the assessee, which include the production and distribution of textbooks, are essential to the advancement of education and thus fall within the meaning of "education" under Section 2(15). - The Tribunal noted that the provision of high-quality textbooks is directly connected with education, as it aids in the training and development of students' knowledge, skills, and character. - The Tribunal also considered whether the activities could be classified under "the advancement of any other object of general public utility." It concluded that even if this were the case, the assessee would still qualify for exemption under Section 11, as the predominant object is not profit-making but the advancement of education. Issue 2: Exemption under Section 10(22) of the Income Tax Act The second issue is whether the assessee society qualifies for exemption under Section 10(22), which pertains to educational institutions existing solely for educational purposes and not for profit. Arguments by the Revenue: - The Revenue argued that the assessee's activities do not constitute "education" as defined by the Supreme Court in the Loka Shikshana Trust case, which requires systematic instruction or schooling. - The Revenue contended that the assessee is merely a publishing house and its activities are profit-oriented. Arguments by the Assessee: - The assessee argued that its activities are solely for educational purposes and do not exist for profit, citing similar exemptions granted to other textbook societies like the Tamil Nadu Text Book Society. - The CIT (A) supported this view, referring to judgments that granted exemption under Section 10(22) to similar educational bodies. Tribunal's Findings: - The Tribunal upheld the CIT (A)'s decision, noting that the assessee society's activities are directly connected with education and fulfill the conditions for exemption under Section 10(22). - The Tribunal referred to the judgment in Secondary Board of Education, Orissa vs. ITO, which supports the assessee's case. - The Tribunal also noted that similar exemptions have been granted to other textbook societies, reinforcing the assessee's eligibility for exemption under Section 10(22). Conclusion: The Tribunal confirmed the CIT (A)'s orders, granting the assessee society exemption under both Section 11 read with Section 2(15) and Section 10(22) of the Income Tax Act. The appeals by the Revenue were dismissed.
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