9911796707
TMI Blog2013 (12) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... . Satish Chandra,JJ. For the Appellant : D. D. Chopra For the Respondent : J. N. Mathur, Mudit Agarwal ORDER The present appeal has been filed by the appellant-department under Section 260-A of the Income-tax Act, 1961, against the judgment and order dated 07.07.2005, passed by the Income Tax Appellate Tribunal, Lucknow, in I.T.A. No.303/Luc/05, for the assessment year 2000-01. On 09.12.2005, a Coordinate Bench has admitted the appeal on the following 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciety for the assessment year under consideration. In appeal, the CIT(A) has confirmed the same, but the Tribunal has allowed the claim of the assessee. Being aggrieved, the department has filed the present appeal. With this background, learned counsel for the department has justified the order of the A.O. He submits that in the relevant assessment year, the assessee-Society was engaged in running an educational institution in the name of Babu Banarsi Das National Institute 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 respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent technical Institutions, (iv) study hospitality and tourism industry alongwith developing water transport facility including packages of tours and luxury cruises. He also submits that the Director of the Institution, Prof. A.K.Raza had submitted a report and made a request to send a delegation of three-four members, then it was approved by the Vice-Chairman of Dr.B.R.Ambedkar University. When Dr. Akhilesh Das expressed his unwillingness to go abroad because he has two 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itute itself is an University and having the above mentioned courses, it means that the institution being developed to the University. In the instant case, the tour was approved by the Vice-Chancellor, who has also permitted to carry both the children and the expenses to the tune of Rs.6.69 lacs were incurred. By considering the totality of the facts and circumstances of the case, it appears that the foreign tour and obtaining the business is a question of fact which has already 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
