2008 (1) TMI 337

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.... for the respondent. JUDGMENT The judgment of the court was delivered by 1. R.S. MOHITE, J - Heard both sides. 2. Two Questions of law as framed in the appeal memo are as under: "(a) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law upholding the order of Commissioner of Income Tax (Appeals) and consequently directing the A....

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.... educational institution existing solely for the purpose of education and not for the purpose of profit". 4. On this question ITAT, after a detailed discussion and elaborate reasoning held that the assessee fell within the term "any other educational institution" within the meaning of Section 10(22) of the Income Tax Act and therefore, entitled to exemption under that provision of the Act. 5....

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....rt to safety and accident prevention and to encourage all persons and other associations to adopt, institute and support safety measures and accident prevention programmes. The other objects are ancillary to the above. 6. Article-4 of the Memorandum provides that the income and property of the council shall be utilised solely towards the promotion of the aims and objects of the council and no p....

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....r educational purposes. Though it had no colleges or institutions of its own, the Apex Court held that it would be unreal and hypertechnical to hold that the assessee society was only a financing body and would not come within the scope of "other educational institution" as specified in Section 10(22) of the Act. 9. The present appeal pertains to assessment year 1993-94 and from the return file....