2000 (2) TMI 77

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.... ARIJIT PASAYAT C. J.---At the instance of the Revenue, the following questions have been referred to this court for opinion under section 256(1) of the Income-tax Act, 1961 (in short "the Act'), by the Income-tax Appellate Tribunal, Cochin Bench (in short "the Tribunal"). "1. Whether, on the facts and in the circumstances of the case does the assessee come within the true ambit of 'other ed....

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....educational functions. It is registered under the Travancore-Cochin Literary Scientific and Charitable Societies Act, 1955 (in short "the Societies Act"). No return was filed by it voluntarily. Proceedings under section 147 of the Act were initiated for both the years. Returns were filed claiming that the income, if any, was exempt under section 10(22) of the Act. The Assessing Officer held that t....

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....he founders and patrons of the assessee are partners, it cannot be said to be a case of diversion of income and there was no motive to earn profit. Except making payment of salary, no amount was utilised for any purpose other than for the objects of the institution. The assessee is an educational institution and, therefore, was clearly covered by section 10(22) of the Act. Learned counsel for t....

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....shall be applied solely towards the promotion of the objects of the society and no portion thereof shall be paid or transferred to the members of the society, provided that nothing herein contained shall prevent the payment of remuneration or salary to any one for service rendered or for any work done to or for and on behalf of the society." Rules and Regulations : "Clause 25(5) : The funds ....