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1 - 10 of 21 (0.41 seconds)The Income Tax Act, 1961
Additional Commissioner Of Income-Tax ... vs Surat Art Silk Cloth Manufacturers ... on 19 November, 1979
"The final conclusion that if a surplus is made by an educational society
and ploughed back to construct its own premises would fall out of
Section 10(23C) is to ignore the language of the section and to ignore the
tests laid down in Surat Art Silk Cloth case [CIT v. Surat Art Silk Cloth
Manufacturers' Assn.[1980] 2 SCC 31], Aditanar case [Aditanar
Educational Institution v. CIT [(1997) 3 SCC 346] and American Hotel
& Lodging case [American Hotel & Lodging Assn. Educational Institute
ITA No.425/Bang/2017
Page 12 of 16
v. CBDT [(2008) 10 SCC 509]. It is clear that when a surplus is ploughed
back for educational purposes, the educational institution exists solely for
educational purposes and not for purposes of profit."
M/S Queen'S Educational Society vs Commr.Of Income Tax on 16 March, 2015
6. The relevant principles of law which will govern the first issue i.e. whether
an educational institution or a university, as may be, exists only for educational
purpose and not for profit are no longer res integra, having been dealt with by
ITA No.425/Bang/2017
Page 11 of 16
a long line of decisions of this Court which have been elaborately noticed and
extracted in a recent pronouncement i.e. Queen's Educational Society v. CIT
[2015] 372 ITR 699/231 Taxman 286/55 taxmann.com 255 (SC).
Aditanar Educational Institution vs Additional Commissioner Ofincome-Tax on 5 February, 1997
"The final conclusion that if a surplus is made by an educational society
and ploughed back to construct its own premises would fall out of
Section 10(23C) is to ignore the language of the section and to ignore the
tests laid down in Surat Art Silk Cloth case [CIT v. Surat Art Silk Cloth
Manufacturers' Assn.[1980] 2 SCC 31], Aditanar case [Aditanar
Educational Institution v. CIT [(1997) 3 SCC 346] and American Hotel
& Lodging case [American Hotel & Lodging Assn. Educational Institute
ITA No.425/Bang/2017
Page 12 of 16
v. CBDT [(2008) 10 SCC 509]. It is clear that when a surplus is ploughed
back for educational purposes, the educational institution exists solely for
educational purposes and not for purposes of profit."
American Hotel And Lodging Association ... vs The Central Board Of Direct Taxes, ... on 24 November, 2006
"The final conclusion that if a surplus is made by an educational society
and ploughed back to construct its own premises would fall out of
Section 10(23C) is to ignore the language of the section and to ignore the
tests laid down in Surat Art Silk Cloth case [CIT v. Surat Art Silk Cloth
Manufacturers' Assn.[1980] 2 SCC 31], Aditanar case [Aditanar
Educational Institution v. CIT [(1997) 3 SCC 346] and American Hotel
& Lodging case [American Hotel & Lodging Assn. Educational Institute
ITA No.425/Bang/2017
Page 12 of 16
v. CBDT [(2008) 10 SCC 509]. It is clear that when a surplus is ploughed
back for educational purposes, the educational institution exists solely for
educational purposes and not for purposes of profit."