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2013 (11) TMI 1332 - AT - Income TaxEligibility of exemption u/s 11(1) of the Income tax act - Activity of the assessee falls under the field of education – Held that:- It was observed by Hon'ble Apex Court in the case Sole Trustee, Loka Shikshana Trust [1975 (8) TMI 1 - SUPREME Court] that the word education has not been used in the wide and extended sense according to which every action of further knowledge constitute education. Hon'ble Apex Court observed that according to this wide and extended sense, traveling is education, because as a result of traveling you acquire fresh knowledge but this is not the sense in which the word education is used in clause 15 of Section 2 - Hon'ble Gujarat high court in the case of Gujarat State Cooperative Union[1992 (2) TMI 74 - GUJARAT High Court] observed that the observation of Hon'ble Apex Court was not intended to give a narrow or pedantic sense to the word education – The present case is not the objection of the revenue that the activity of the present assessee is like of an activity which are noted by Hon'ble Apex Court such as traveler gaining knowledge, victim of swindler and thieves becoming wiser and visitor of night club adding to the knowledge of hidden mysteries of life etc. In the instant case, assessee is granting diploma also and as has been noted by the A.O. himself in the assessment order, more than 80% of the receipts are on account of continuing education, diploma and certificate programmes. All the four activities noted by the A.O. on this page of the assessment order are not like those activities which were noted by Hon'ble Apex Court to say that those activities cannot be covered by the term education in Section 2(15) - Issue involved in the present case is squarely covered in favour of the assessee by the judgement of Hon'ble Gujarat High court cited by the Ld. A.R. having been rendered in the case of Gujarat State Cooperative Union - Issue in dispute is decided in favour of the assessee and the activities of the assessee are in the field of education and the assessee is eligible for exemption u/s 11(1) – Decided in favor of assessee.
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