9911796707
TMI Blog2005 (2) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... al is condoned. CM stands disposed of. ITA No. 59/2005 1. We have heard learned counsel for the Appellant at some length. The challenge in this appeal under section 260A of the Income-tax Act, 1961 is to the order passed by the Income-tax Appellate Tribunal dated 30th January, 2004 for the assessment year 1990-91. 2. The basic question that was determined by the Income-tax Appellate Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociety is engaged in educational activities and it is entitled to exemption under section 10(22). For getting exemption under section 10(22) it is not necessary that the trust should be registered under section 12A(a) of the I.T. Act as registration under section 12A(a) is required only when exemption under section 11 is sought. Besides the Appellant was not required to take permission either from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be excessive or unreasonable so as to attract provision of section 13(1)(c), read with section 13(3) of the I.T. Act. Besides provision of section 13 is not applicable to the Appellant as its case is covered under section 10(22) of the I.T. Act. The surplus for both the assessment years were in the nature of capital receipts and were also covered under overriding title as the Appellant had no cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The decision of Supreme Court in the case of MCD is not applicable to the provisions of I.T. Act as that has application to the Delhi Municipal Act. Similarly, ratio of decision in the case of Bihar Institute of Mining and Office Surveys v. CIT [1994] 123 Taxation 208 ITR 608 is not applicable to the Appellant was not running any coaching centre or holding any tutorial classes. It held regular ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
