2005 (5) TMI 640

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..... uestion of law arises out of an order of the Income-tax Appellate Tribunal (for short the Tribunal ) to the effect that the Commissioner of Income-tax (Appeals) (for short CIT ) erred in allowing the benefit of section 10(22) of the Income-tax Act, 1961 to the Respondent/assessee. 2. The facts as they appear from the order of the Tribunal clearly show that the assessee is running several scho .....

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..... intenance. Provision of medical facilities for the benefit of the nuns and the students and running a church was found to be incidental to the principal activity of running an educational institution. Similarly, the orphanage being run by the assessee catered to abandoned children who were brought up and given education. The orphanage was not a recognized one and no adoption work was being carried .....

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..... on, it cannot be said that a dispensary is not necessary for the children and teachers of the schools. Similarly a church would be required for the nuns who donated their entire salary back to the assessee so that their maintenance, both temporal and spiritual, could be looked after by the assessee. Running an orphanage for abandoned children with the intention of enabling them to grow up and obta .....

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