TMI Blog2020 (5) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... e to be treated as educational institutions. From enunciation of law by the Supreme Court, the assessee, which has been constituted to implement the educational policy of the State has to be treated as an educational institution and is consequently entitled to the benefit of exemption under Section 10(22) of the Act. In view of preceding analysis, the substantial questions of law framed by this court are answered against revenue. - I.T.A. NO.398 OF 2012 - - - Dated:- 18-5-2020 - HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE M. NAGAPRASANNA Appellants: (By Sri. K.V. Aravind, Adv.,) RESPONDENT: (By Govt Adv., ) JUDGMENT ALOK ARADHE J., This appeal has under Section 260A of the Income Tax Act, 1961 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led its return of income for the assessment year 2007-08 and deducted unspent amount of ₹ 7,42,50,576/- to the utilized in the financial year 2007- 2008 out of total grant received by the government to the extent of ₹ 13,01,21,594/-. The aforesaid amount was claimed as exemption under Section 11 read with Explanation 2 of the Act. The Society came into existence with effect from 1.04.2006. The assessing officer by an order dated 30.12.2009 rejected the claim under Section 11 of the Act on the ground that assessee has not obtained registration under Section 12AA of the Act. It was further held that in the absence of registration under Section 12AA of the Act, the exemption under Section 11 cannot be allowed. Accordingly, it was h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessing Officer. It is further submitted that the judgment relied upon by the tribunal in the case of ASSAM TEXT BOOK PRODUCTION AND PUBLICATION CORPORATION LTD., supra is in the context of Section 10(22), which has now been omitted by virtue of an amendment. 5. On the other hand, learned Government Advocate has supported the order passed by the Commissioner of Income Tax (Appeals) as well as the Income Tax Appellate Tribunal. 6. We have considered the submissions made on both the sides and have perused the record. The Supreme Court in ASSAM TEXT BOOK PRODUCTION AND PUBLICATION CORPORATION LTD., supra has interpreted the definition of an educational institution in para 6. The relevant extract of which is reproduced below fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
