9911796707
TMI Blog2008 (8) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... the said authority has dismissed the appeal of the Revenue and affirmed the order passed by the Commissioner of Income- tax (Appeals)-II, Dehradun (hereinafter referred as "the Commissioner of Income-tax (Appeals) - II"), holding that the respondent-assessee is entitled to exemption under section 11 of the Act. 2. Heard learned counsel for the parties and perused the record. 3. Brief facts of the case are that the assessee-society, M/s. Jyoti Prabha Society, Nainital, filed its return of income on October 30, 2002, for the assessment year 2002-03, showing nil income. The said return was processed under section 143(1)(a) of the Act. The Assessing Officer (hereinafter referred as "the AO") took the view that the assessee-respondent is not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also conducted at other places. In the year 1972, the activities of the institute at Nainital were bifurcated for administrative convenience. The immovable properties used for these educational institutions were vested with the appellant-society and were to be let out to the Remnee Educational Society for promotion of educational activities. The management of the educational institutions were vested in the Remnee Educational Society." 4. The Commissioner of Income-tax (Appeals)-II, Dehradun, also relied on the principle of law laid down in CIT v. Saraswath Poor Students Fund [1984] 150 ITR 142 (Karn), ITO v. Shri Maganbhai S. Patel Education Trust [2000] 74 ITD 481 (Ahd) and Aditanar Educational Institution v. Addl. CIT [1997] 224 ITR 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal, scientific and technical institutions, works and activities of all kinds in any part of India in pursuance of this memorandum for the benefit of the entire community, irrespective of caste, creed, race or religion. (c) To takeover and dispose of, establish, maintain and develop schools, hostels, colleges, other institutions for the diffusion of useful knowledge, work guilds, sewing, needlework classes, libraries, reading rooms, recreation centres and other educational and technical institutions of all kinds for the benefit of the entire community, irrespective of caste, creed, race or religion. (d) To educate, train and instruct adults and children of the entire community, irrespective of caste, creed, race or religion, language or s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 11 of the Act. 8. Mr. Pitamber Maulekhi, learned counsel for appellant-Revenue, drew attention of this court to the case of Sole Trustee, Loka Shikshana Trust v. CIT [1975] 101 ITR 234 (SC) and argued that where the assessee is earning profits it cannot be said that the charitable purpose is adhered to. We have gone through the said case law and we find that the facts of said case were entirely different to the present case. The referred case pertains to a trust which was printing and publishing newspaper, whereas in the present case there is a concurrent finding of fact that the respondent-assessee is not earning profits by doing any business. Rather its activities are limited to constructing, maintaining and letting out the build ..... X X X X Extracts X X X X X X X X Extracts X X X X
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