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TMI Blog2015 (7) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgement of the Rajasthan High Court granting benefit of exemption to various Board/Societies in the country under Section 10(22) of the Act; fourthly, it has failed to consider the judgements mentioned hereinabove; and lastly, it has failed to consider the letter of the Central Government dated 9th July, 1973, to the effect that all State-controlled Educational Committee(s)/Board(s) have been constituted to implement the Educational policy of the State(s), consequently, they should be treated as Educational Institution. Although the substantial questions of law need not be answered but the operative arrangement as directed by the Supreme Court may have to be adopted even in these appeals of remanding the matter to the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22) for the assessment years between 1987-88 to 1998-99 and under Section 10 (23C) of the Act for assessment years 1999-2000 onwards. The Assessing Officer was of the view that the respondent /assessee had taken only one time financial assistance from the State. The first Appellate Authority (Commissioner of Income Tax (Appeals) I, Bhopal) has affirmed this finding of the Assessing Officer. The Tribunal, however, has opined that the assessee received continuous financial assistance from the State. In the backdrop of this conclusion the department has preferred these appeals. These appeals have been admitted on the substantial questions of law formulated as under :- 1. Whether on the facts and in the circumstances of the case the ITAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Book Production and Publication Corpn. Ltd. (supra). Although the substantial questions of law need not be answered but the operative arrangement as directed by the Supreme Court may have to be adopted even in these appeals of remanding the matter to the Assessing Officer for denovo consideration in the light of the decision of the Supreme Court and the decisions of the Rajasthan High Court and Orrisa High Court referred to therein, which have been affirmed by the Supreme Court. 6. To this limited extent, the appeals will have to be allowed. 7. Counsel for the respondent/assessee submits that since he would get opportunity before the Assessing Officer denovo , the appeals be disposed of leaving all questions left open, to be d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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