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TMI Blog2009 (5) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... iving rise to the present writ petition are as follows : 3. According to the petitioner, Ewing Christian College Society was constituted some times in the year 1902 and runs educational institutions in the State of Uttar Pradesh. One of the institutions, namely, Ewing Christian College, Allahabad, has been identified by the University Grant Com mission as a college with potential and excellence. It is a constituent college of the University of Allahabad and has been granted status of an autonomous college. Under section 10(23C)(vi) of the Income-tax Act (hereinafter referred to as "the Act"), all educational institutions existing solely for educational purposes and not for purpose of profit are exempt from income-tax. The requirement is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the only requirement for granting registration certificate is that the institution is existing solely for educational purpose and not for the purpose of profit. The Chief Commissioner of Income-tax has not adverted himself to this important aspect of the matter and instead has gone into the object of the society which provided also for serving the church and the nation. In support of his submission he has relied upon a decision of the apex court in the case of American Hotel and Lodging Association Educational Institute v. CBDT [2008] 301 1TR 86. 7. Sri R. K. Upadhyaya, learned standing counsel on the other hand, submitted that as the object of the society, which had applied for registration, is religious in nature, the Chief Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l institution and approval of the prescribed authority for which every applicant has to move an application in the standardized form in terms of the first proviso. It is only if the pre-requisite condition of actual existence of the educational institution is fulfilled that the question of compliance with the requirements in the provisos would arise. We find merit in the contention advanced on behalf of the appellant that the third proviso contains monitoring conditions/requirements like application, accumulation, deployment of income in specified assets whose compliance depends on events that have not taken place on the date of the application for initial approval." 9. That being the position, we are of the considered opinion that the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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