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TMI Blog2013 (12) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ing substantial questions of law:- 1. Whether the Assessing Authority ought to have assessed only the income which according to him was not used for educational purposes or the entire income could have been assessed? 2. Whether on the facts and circumstances of the case the learned ITAT was justified in holding that the income of the assessee society is entitled for exemption under section 11 of the Income Tax Act, 1961 ? The brief facts of the case are that the assessee is a society registered under the Societies Registration Act, 1860 vide certificate dated 13.08.1997. As the object of the assessee society is charitable in nature and as such the Society was granted registration under Section 12-A of the Income Tax Act. During the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titute of Technology and Management, (hereinafter known as the Institution) Lucknow, which was affiliated with Dr. B.R.Ambedkar University, Agra. He also submits that Dr. Akhilesh Das Gupta and his wife Smt. Alka Das are the Chairman and Vice-Chairman of the Institute respectively. He further submits that the couple went alongwith their children by the ship "Legend of the Seas" through Royal Carribbean Cruise Lines from Barcelona, Spain on 29.05.1999 to various countries. It was a pleasure trip. The said expenses were incurred for the personal purposes. He also submits that the family members were first flown from Delhi to Barcelona and from there they took the sea journey. So, it is the misuse of the Society's fund for personal purposes. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minor children, then Vice Chancellor approved the tour of children also as they cannot be left alone at the residence. He also submits that after completing the tour, a report was submitted. He further submits that a total expenditures were incurred at about Rs.6.69 lacs. Sri J. N.Mathur, learned Senior Counsel has not pressed any argument for the expenses incurred for telephone, securities as well as for the membership of Indian Habitat World Centre. To this effect, he has admitted the order passed by the A.O. After hearing both the parties and on perusal of the record, before us, the limited issue is pertaining to the foreign trip undertaken by the Chairman and Vice-Chairman of the Institution. From the record, it appears that the inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready been decided by the Tribunal. The Tribunal is a final fact finding authority as per the ratio laid down in the following cases:- 1. Kamal Ganpati Vs. Collector of Estate Duty; 253 ITR 692 SC; 2, Anjani Goal Agency Vs. CIT; 2005 (37) STJ 294 Alld.; and 3. CIT Vs. Suraj Dail Mill; 2005 (37) STJ 547 Alld. In view of above, we decline to interfere with the observation made by the Tribunal that the said expenses were for the business purpose. Regarding other expenses for telephones, securities and membership of Indian Habitat World Centre, the Senior Counsel for the assessee has accepted the order of the A.O. So, in this regard, the order of the A.O. is hereby restored. Further, it may be mentioned that if, there were sufficient reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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