9911796707
TMI Blog1998 (10) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Revenue are "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee should be regarded as an educational institution for the purposes of section 10(22) and that its income is exempt under that section ? and (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that being the income of the educational institution it should be treated Is exempt under section 10(22) of the Act. Though the claim was rejected by the Income-tax Officer, it was allowed in appeal. The Tribunal has found that it was not disputed that the assessee-trust which was being regarded as an educational institution within the scope of section 10(22), existed solely for running the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucational society formed for the sole purposes of establishing, running and managing or assisting schools and colleges is an educational institution and is entitled to exemption under section 10(22) of the Act. The first question referred to us is, therefore, answered in favour of the assessee and against the Revenue. As regards the second question, the argument for the Revenue was that the di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a college cannot utilise the provision as an instrument for exemption in respect of all its sources of income which had no connection with its educational activity. The decision of the Supreme Court in Aditanar Educational Institution v. Addl. CIT [1997] 224 ITR 310, to which a reference has already been made was the decision in an appeal from the judgment of this court in the case of Addl. CI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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