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St.Lawrence Educational Socieity ... vs Commissioner Of Income Tax Delhi ... on 4 February, 2011
cites
Municipal Corporation Of Delhi Etc vs Children Book Trust Etc on 21 April, 1992
Further the authority referred to the decision in
Municipal Corporation of Delhi Vs. Children Book Trust (1992) 3 SSC
390 and came to held as follows:-
Vanita Vishram Trust vs Chief Commissioner Of Income Tax & Anr on 6 May, 2010
Learned counsel also submitted that the decision in the case of
Queens' Educational Society (supra) has been distinguished by the
Bombay High Court in Vanita Vishram Trust Vs. Chief Commissioner
of Income-Tax and Another (2010) 327 ITR 121(Bom), Himachal
Pradesh High Court in Maa Saraswati Trust Vs. Union of India (2010)
194 Taxman 84 (HP) and Punjab and Haryana High Court in Pinegrove
International Charitable Trust Vs. Union of India and Others (2010)
327 ITR 73 (P&H).
Pinegrove International Charitable ... vs Union Of India And Others on 29 January, 2010
In the case of Pinegrove International Charitable Trust(supra),
the Punjab and Haryana High Court after referring to the decision in the
field has expressed the following opinion:-
American Hotel And Lodging Association ... vs The Central Board Of Direct Taxes, ... on 24 November, 2006
A workable
solution has been provided by Hon'ble the Supreme
Court in para 33 of its judgment in American Hotel and
Lodging Association's case (supra). Thus, on an
application made by an institution, the prescribed
authority can grant approval subject to such terms and
conditions as it may deems fit provided that they are not
in conflict with the provisions of the Act. The
parameters of earning profit beyond 15% and its
W.P.(C) Nos.1254/2010 & 2463/2010 Page 6 of 8
investment wholly for educational purposes may be
expressly stipulated as per the statutory requirement.
Additional Commissioner Of Income-Tax ... vs Surat Art Silk Cloth Manufacturers ... on 19 November, 1979
To decide the entitlement of an institution for
exemption under Section 10(23C)(vi) of the Act, the
test of predominant object of the activity has to be
applied by posing the question whether it exists solely
for education and not to earn profit [See 5-Judges
Constitution Bench judgment in the case of Surat Art
Silk Cloth Manufacturers Association (supra)]. It has to
be borne in mind that merely because profits have
resulted from the activity of imparting education would
not result in change of character of the institution that it
exists solely for educational purpose.
Aditanar Educational Institution vs Additional Commissioner Ofincome-Tax on 5 February, 1997
(4) The educational institutions, which are registered as
a Society, would continue to retain their character as
such and would be eligible to apply for exemption
under Section 10(23C)(vi) of the Act. [See para 8.7 of
the judgment - Aditanar Educational Institution case
(supra)]
(5) Where more than 15% of income of an educational
institution is accumulated on or after 01.04.2002, the
period of accumulation of the amount exceeding 15% is
not permissible beyond five years, provided the excess
income has been applied or accumulated for application
wholly and exclusively for the purpose of education.
The Societies Registration Act, 1860
Commissioner Of Income Tax vs Child Education Society on 14 December, 2010
(6) The judgment of Uttrakhand High Court rendered in
the case of Queens Educational Society (supra) and the
connected matters, is not applicable to cases fall within
the provisions of Section 10(23C)(vi) of the Act.
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