2011 (12) TMI 124 - HC - Income Tax

Exemption u/s 10(23C) Prescribed authority denied approval/ exemption - petitioner has to satisfy that it came within the expression other educational institution - Held that - Merely on the ground that petitioner is not recognized by the UGC or any Board constituted by the Government of India for imparting formal education in the field of western music and that petitioner is not itself awarding any certificate or degree to the students, it cannot be said that it does not qualify to be an educational institution . It is observed that the word education connotes the process of training and development of knowledge, skill, mind and character of students by normal schooling hence, petitioner meets the requirements of an educational institution within the meaning of Section 10(23)(c)(vi) of the Act. Therefore, the prescribed authority is guided to deal with the assessee s application for approval afresh in accordance with law in the light of the observations made. The writ petition is accordingly allowed.

Issues Involved:
1. Whether the petitioner qualifies as an "educational institution" under Section 10(23C)(vi) of the Income Tax Act, 1961.
2. Whether the petitioner is entitled to tax exemption under Section 10(23C)(vi) of the Income Tax Act, 1961.
3. Whether the prescribed authority's rejection of the petitioner's application for exemption was valid.

Detailed Analysis:

1. Qualification as an "Educational Institution":

The petitioner, a music society registered in 1953, aimed to teach, promote, and encourage all forms of music and dancing. The society was previously exempt from income tax under Section 10(22) but had to apply for exemption under Section 10(23C)(vi) when its gross receipts exceeded Rs. 1 crore in the financial year 2008-09.

The prescribed authority rejected the exemption application, arguing that the petitioner did not qualify as an "educational institution" because:
- It was not recognized by the UGC or any Indian statutory body.
- It did not award its own degrees or certificates but relied on foreign institutions.
- It was not distinguishable from coaching or training institutes.

The court analyzed the definition of "educational institution" and noted that the term was not explicitly defined in the Act. Referring to the Supreme Court's interpretation in Sole Trustee, Loka Shikshana Trust vs. CIT, it was established that "education" connotes systematic instruction, schooling, or training, which the petitioner provided through its structured music programs.

The court also referenced the Calcutta High Court's judgment in CIT vs. Doon Foundation, which clarified that affiliation to a university or board was not a prerequisite for an institution to be considered educational under Section 10(22). Hence, the same principle applied to Section 10(23C)(vi).

2. Entitlement to Tax Exemption:

The court examined the petitioner's activities and found that it operated like any other educational institution. The petitioner ran a music school with structured classes, employed qualified teachers, and maintained musical instruments. The school had 549 students and 30 teachers, with a detailed schedule of fees and strict rules and regulations akin to a regular school.

The court emphasized that the petitioner was not a mere coaching center but an institution imparting systematic instruction in music, fulfilling the criteria laid down by the Supreme Court in Sole Trustee, Loka Shikshana Trust.

The court also referred to the Gujarat High Court's judgment in Gujarat State Co-operative Union v. CIT, which highlighted that the term "education" should not be unduly restricted and includes various forms of systematic instruction beyond traditional schooling.

3. Validity of the Prescribed Authority's Rejection:

The court found that the prescribed authority had misinterpreted the Supreme Court's judgment in Sole Trustee, Loka Shikshana Trust and failed to appreciate the nature of the petitioner's activities. The authority's objections, such as the lack of recognition by Indian statutory bodies and reliance on foreign institutions for certification, were not germane to the definition of an educational institution under Section 10(23C)(vi).

The court also noted that the prescribed authority did not raise any objections regarding profit motive in the impugned order, and thus, this aspect was not examined further.

Conclusion:

The court quashed the prescribed authority's order dated 27th September 2010, directing the authority to reconsider the petitioner's application for approval afresh in accordance with the observations made. The writ petition was allowed with no order as to costs.

← Previous Next →