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TMI Blog2012 (12) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... existing for the purpose of running the said school with Nursery with Kindergarten classes and, accordingly, was existing solely for educational purposes and not for purposes of profit. If the existence of the assessee was not for the purposes of profit, but solely for educational purpose, then the receipts of the assessee, if the same did not exceed Rs. 1 crore per annum, will be outside the purview of total income as is the mandate contained in Section 10(23C)(iiiad) of the Act. - Income Tax Appeal No. 142 of 2007 - - - Dated:- 27-11-2012 - Barin Ghosh And U.C. Dhyani, JJ. Appellant Rep. by : Mr. Hari Mohan Bhatia, Adv Respondent Rep. by : Mr. Piyush Garg, Adv JUDGEMENT Per : Barin Ghosh, CJ : Chapter III o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ducational institution. The Assessing Officer, thereafter, culled out 12 aims and objects from the memorandum of association of the assessee society. Those are as follows :- 1- To spread education in rural areas. 2- To associate learned people with the society. 3- To put all our manpower and knowhow into spread of Audit education and propagate night schools. 4- To gain meetings and seminars to enlighten people about afforestation ecology and destruction of our natural resources. 5- To spread education to the weaker sections of the society. 6- To spread job oriented and more meaningful education. 7- Special efforts to make the SC/ST students join the main stream. 8- To make every student learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making profit. At the same time, those objects will also not show that while carrying out those objects, the assessee will be discharging any religious or charitable activity. The conclusion, therefore, would be that the object of establishment of the assessee was solely for educational purposes and not for the purposes of profit. However, object of establishing the assessee was of no consequence in the instant case. What the Assessing Officer was required to see was, whether the assessee was existing solely for educational purpose, inasmuch as, the statute imposes such obligation on the part of the Assessing Officer and not an obligation to determine the objects, for which the assessee was originally established. The Assessing Officer has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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