9911796707
TMI Blog2006 (9) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... l under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") has been filed by the assessee against the appellate order of the Income-tax Appellate tribunal Jaipur Bench, Jaipur allowing the Revenue's appeal and remanding the case back to the first appellate authority, i.e., the Commissioner of Income-tax (Appeals), to decide the issue again as to whether there was any misutilisation of the funds by the trustees or owners of the assessee society and consequently whether the assessee was entitled to exemption from income-tax under section 10(22) of the Act. 2 This appeal is for the assessment year 1996-97 and learned counsel urged that for the preceding assessment year 1995-96 the Income-tax Appellate Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of the learned Income-tax Appellate Tribunal / the assessee has preferred this appeal for the assessment year 1996-97 claiming that certain substantial questions of law arise in the matter. 5 Section 10(22) of the Act which has since been deleted or omitted from the statute book with effect from April 1, 1999, provided for exemption from income-tax. Section 10(22) at relevant point of time read as under : "10. (22) any income of a university or other educational institution, existing solely for educational purposes and not for purposes of profit." 6 With effect from April 1, 1999, i.e., the assessment year 1999-2000, this exemption available to educational institution, stands withdrawn and the rationale behind such withdrawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority and it was found that they are not penditure incurred for the purposes of school or the educational institution. The said. findings of the assessing authority were set aside by the short and cryptic order of the Commissioner of Income-tax (Appeals) threcting the assessing authority to exempt the income of the assessee der section 10(22) of the Act. That was not found to be justified by the learned Income-tax Appellate Tribunal and, therefore, the Tribunal has remanded the case back to the Commissioner of Income-tax (Appeals) for redeciding the issue and give appropriate findings of facts. Without com paring the facts of the assessment year 1996-97 with the facts of the pre vious assessment year 1995-96 the learned Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt for the immediately preceding year without allowing the first appellate authority to undertake such enquiry to give the findings of facts would not, in our opinion, subserve the purpose of section 10(22) of the Act. It is also well-settled that each assessment year in the income-tax assessment proceedings is independent and the principles of res judicata do not apply to the income-tax proceedings. 10 Therefore, we do not find any substantial question of law to be arising out of the order of the Income-tax Appellate Tribunal by which it has merely remanded back the case, setting aside the short and cryptic order of the learned Commissioner of Income-tax (Appeals), for redetermination of the facts and return appropriate findings of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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