TMI Blog2008 (2) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... delivered by Rakesh Kumar Garg J.— This order shall dispose of I. T. A. Nos. 33 and 34 of 2007. 2. The Revenue has filed these appeals under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") against the order dated August 11, 2006, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar in I. T. A. Nos. 418(ASR)2000 and 513(ASR)2001 in the case of the respondent-assessee for the assessment year 1997-98 raising the following substantial questions of law : "1. Whether, on the facts and circumstances of the case, the learned Income-tax Appellate Tribunal is right in law in confirming the order of the Commissioner of Income-tax (Appeals) granting exemption under section 10(22) of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o rejected the books of account of the assessee and refuted the claim of the assessee that the same has been damaged in floods. 5. The Commissioner of Income-tax (Appeals), Bathinda, vide his order dated June 23, 2000, allowed the appeal filed by the assessee and accepted the claim of the assessee that the books of account were damaged in floods as per the evidence given by the assessee. The Commissioner of Income-tax (Appeals) also held that the entire income of the trust including the alleged receipt of capitation fee stands exempted under the provisions of section 10(22) of the Act as the trust is running solely for the educational purposes and not for profits. Regarding the addition on account of the capitation fee to the tune of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g admission in the BDS course in the institute of the assessee. Sh. Yogesh Putney has argued that during the course of the assessment proceedings, the managing director of the trust verbally admitted to have allotted some seats free of any charges of capitation fee and, therefore, the order of the Tribunal cannot be sustained and the findings of the Tribunal are perverse. 8. We have heard learned counsel for the Revenue and perused the record. 9. The contentions raised by Mr. Putney are devoid of any force. There is nothing on record to show that the assessee's trust was charging any capitation fee. There is no admission of the respondent-trust on record. The so-called verbal admission during the course of assessment proceedings by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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