1988 (3) TMI 113 - AT - Income Tax

Summary

Issues:
1. Whether the assessee is entitled to exemption under section 10(22) of the Income Tax Act.
2. Whether the Commissioner's order under section 263 was justified in including certain receipts as income while computing under section 11.

Detailed Analysis:

1. The appeal involved a charitable body running a school claiming exemption under section 10(22) of the IT Act. The Income Tax Officer (ITO) had initially rejected the claim, assessing the income under section 11. The Commissioner of Income Tax (CIT) later found discrepancies in certain receipts not included in the income calculation. The assessee argued that the entire income should be exempt under section 10(22), which was not considered by the Commissioner. The Tribunal noted that the primary activity of the assessee was running the school, fulfilling the conditions of section 10(22). The Tribunal emphasized that if the claim under section 10(22) was accepted, there would be no need to interfere with the ITO's order based on section 11. Referring to a similar case in Bombay, the Tribunal stated that the assessee's main plea for exemption under section 10(22) should be considered before assessing income under section 11.

2. The Commissioner directed the ITO to include specific receipts, such as souvenir advertisement collections and building funds, as income while computing under section 11. The assessee argued that these receipts were meant for specific purposes, like constructing the school building, and should be considered as corpus donations. The Tribunal agreed that receipts related to the school building fund could be treated as corpus donations. However, it found that student fees contributed to the building fund could not be considered as donations. Additionally, the Tribunal accepted the assessee's argument that funds collected for coats were not income but intended for a specific purpose, hence should not be included in income calculation. The Tribunal modified the Commissioner's order, directing the ITO to consider the assessee's claim under section 10(22) and reevaluate the income calculation, excluding certain receipts.

In conclusion, the Tribunal partially allowed the appeal, emphasizing the need to consider the assessee's claim for exemption under section 10(22) and providing specific guidance on the treatment of various receipts while computing income under section 11.