Delhi High Court High Court

Deputy Director Of Income Tax vs Shanti Devi Progressive … on 10 February, 2011

Delhi High Court
Deputy Director Of Income Tax vs Shanti Devi Progressive … on 10 February, 2011
Author: Sanjay Kishan Kaul
*           IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                        Reserved on : 01.02.2011
%                                                 Date of decision : 10.02.2011


+                                 ITA No. 93 / 1999



DEPUTY DIRECTOR OF INCOME TAX...                          ...       ...       ... APPELLANT


                        Through : Mr.Sanjeev Sabharwal, Advocate


                                    -VERSUS-


SHANTI DEVI PROGRESSIVE EDUCATION SOCIETY

        ...       ...       ...       ...       ...       ...       ...       ...       RESPONDENT


                        Through : Mr.Anoop Sharma and Mr.Manu K.Giri,
                                  Advocates.


CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON‟BLE MR. JUSTICE RAJIV SHAKDHER

1.      Whether the Reporters of local papers
        may be allowed to see the judgment?                             YES

2.      To be referred to Reporter or not?                              YES

3.      Whether the judgment should be                                  YES
        reported in the Digest?


SANJAY KISHAN KAUL, J.

1. The denial of exemption to the respondent/assessee

under Section 10(22) of the Income Tax Act, 1961 („IT

Act‟ for short) for the Assessment Year 1993-94 has

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ITA No. 93 of 1999 Page 1 of 21
given rise to the present proceedings where the order of

the Assessing Authority and Commissioner of Income Tax

(Appeals) {„CIT(A)‟ for short} went against the

respondent/assessee while the majority view of the

Income Tax Appellate Tribunal („ITAT‟ for short)

members favoured the respondent/assessee. The

question of law framed by this Court vide order dated

11.05.2000 is as under:

“Whether the claim of the respondent for
exemption under Section 10(22) of the
Income Tax Act, 1961 was allowable?”

ASSESSMENT ORDER

2. It appears that when the assessment proceedings were

going on in respect of the Assessment Year 1993-94, a

question came to be raised in the Parliament regarding

taking money from parents of wards of the school on one

pretext or the other which in turn led to an investigation

in the case relating to the assessment year. This is

apparent from the assessment order for the relevant

year dated 29.03.1996.

3. There were three components which were closely

scrutinized by the Assessing Officer:

        i)       Admission Fee of Rs.7,12,000/-.

        ii)      Corpus Fund of Rs.17,24,085/-.

        iii)     Loan from parents amounting to Rs.10,85,000/-.

4. The assessment order dated 29.03.1996 records that

the Society had shown school fees, bus fees, magazine

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ITA No. 93 of 1999 Page 2 of 21
income and other income in the Income & Expenditure

Account, but the admission fee of Rs.7,12,000/- was

taken to the balance sheet and it had not been explained

as to why this amount was being treated differently from

other amounts. The Corpus Fund had come from

students and there was no confirmation from the

assessee as to who were the donors regarding this fund

and thus a conclusion was reached that this could also

not be taken to the balance sheet. This Corpus Fund in

turn had two parts. One part is as received from parents

while the other part was stated to be collected by the

staff members by issuance of coupons amounting to

Rs.2,55,000/-. The loan amount is also stated to have

been taken from the parents on interest. The

confirmation was filed only from the parents to whom

money was refunded in the subsequent period

amounting to Rs.90,000/- and thus the remaining amount

of Rs.9,95,000/- remained unconfirmed which was

treated as income of the assessee. The assessment

order makes strong observations about the factum of the

Society no doubt carrying on education activity, but

public good being lost sight of on account of funds being

raised making it a „money making machinery rather than

a charitable institution‟.

ORDER OF CIT(A)

5. The respondent/assessee, faced with this assessment

order, preferred an appeal to the CIT(A). This appeal has
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ITA No. 93 of 1999 Page 3 of 21
been dismissed vide order dated 30.09.1996 qua the

finding that the respondent/assessee was not entitled to

exemption under Section 10(22) of the said Act. The

CIT(A) took note of the funds having been collected at

the time of fresh admissions during the period

04.03.1993 to 16.03.1993 and the loans were taken

during the period December, 1992 to 31.03.1993. It was

found that both the Corpus Fund and the Loan Amount

were received from parents when admitting their children

and were thus forced on the parents in the name of

education. This was stated to be despite the fact that

there were funds available with the respondent/assessee

as it had fixed deposits with the banks amounting to

Rs.17,38,048/- as on 31.03.1993 apart from the bank

balance of Rs.3,05,520/-, loan and advances of

Rs.38,802/- and cash balance of Rs.15,483/- totaling to

Rs.20,50,000/-. A further fact taken note of by the CIT(A)

is the analysis of the plea of the assessee that loans and

donations were taken to make an additional structure.

6. In para (9), CIT(A) has somehow given a number of

findings, which in our considered view are not based on

evidence, relating to the person who was running the

school being Mr.R.S.Lugani, the then Principal of DPS,

who was a member of the managing committee and was

allegedly „a member who was known for making money

through educational institutions‟. The school building was

constructed by Ahluwalia Construction Co.(Pvt.) Ltd which
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ITA No. 93 of 1999 Page 4 of 21
was stated to be a family concern of Ahluwalia who was

the President and a Member in the Society. No tenders

had been called for construction of the building. The third

aspect considered was that while the loans had been

taken from nationalized banks, deposits were maintained

with Nainital Bank, which is not a nationalized bank and

thus there was a possibility of members of the Executive

Body getting direct or indirect benefit from investment in

the private bank (the possibility of this „cannot be ruled

out‟). The educational institute was thus stated to be

running for profit motive and thus not entitled to

exemption under Section 10(22) of the IT Act.

7. The result was that Admission Fee of Rs.7,12,000/-,

Corpus Fund of Rs.17,24,005/- and loan raised of

Rs.9,95,000/- were treated as income of the

respondent/assessee.

ITAT PROCEEDINGS

8. The respondent/assessee thereafter filed an appeal

before the ITAT under Section 253 of the IT Act. This

gave rise to divergence of views between the Judicial

Member and the Accounting Member of the ITAT. The

opinion of the Judicial Member is dated 29.08.1997

holding that the Society existed for profit and thus the

case of the assessee was beyond the ambit of Section

10(22) of the said Act while the opinion of the Accounting

Member dated 25.03.1998 was to the contrary. On the

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ITA No. 93 of 1999 Page 5 of 21
difference of opinion between the members, the

following point was referred to the President of the ITAT

under Section 255(4) of the IT Act.

“Whether, on the facts of the case and in
accordance with the provisions of law, the
assessee‟s claim for exemption under Section
10(22) of the I.T.Act, 1961 was tenable as
held by the Vice President or the claim under
the said section as not allowable as per the
view of the Judicial Member?”

9. The President concurred with the opinion of the

Accounting Member and thus the respondent/assessee

succeeded.

10. The appellant/Department has filed the present

appeal under Section 260(A) of the IT Act arising from the

order dated 30.11.1998 passed in favour of the assessee

as per the majority opinion and the question of law, as

noticed above, was framed to be answered by this Court

vide order dated 11.05.2000.

11. It would be appropriate to first reproduce the

relevant provision under Section 10(22) of the IT Act as it

stood for the relevant Assessment Year in question:

“SECTION 10 INCOMES WHICH DO NOT
FORM PART OF TOTAL INCOME
.. .. .. .. ..

(22) Any income of a university or other
educational institution, existing solely for
educational purposes and not for purposes of
profit;”

OPINION OF JUDICIAL MEMBER ITAT/DEPT. STAND

12. Learned counsel for the appellant/Department

sought to adopt the opinion of the Judicial Member as his
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ITA No. 93 of 1999 Page 6 of 21
submissions. Learned counsel for the appellant could not

dispute that exemption was granted under Section

10(22) of the IT Act to the respondent/assessee for the

preceding years and learned counsel for the

respondent/assessee submitted that it was so even for

the subsequent years, but sought to contend that neither

the principle of res judicata nor the rule of estoppel is

applicable to the assessment proceedings in view of the

observations in Dhansiram Agarwalla v. Commissioner of

Income-Tax; 217 ITR 4 (Gauhati). It was, however, held

that the rule of consistency does apply to the

proceedings. The basic principle advanced was that the

tax concessions afforded to the Institutions like the

respondent/assessee involved sacrifice of public revenue

and thus the concessions should not be abused. If the

donations received by the respondent/assessee are not

voluntary, the dominant intent is to earn profit and

merely non distribution of profits to members or applying

the profits to the educational activity would not be

sufficient to claim exemption by relying upon the

observations in Safdarjung Enclave Education Society v.

Municipal Corporation of Delhi; AIR 1992 SC 1456. It was

not disputed by learned counsel that if certain surplus

results on the working of the Society, it cannot be said

that the institution run by it is for the purpose of profit so

long as no person or individual was entitled to any

portion of the said profit and the said profit was utilized
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ITA No. 93 of 1999 Page 7 of 21
for the promotion of the objects of the institution.

However, the test which was stated to apply was whether

the predominant object of the activity involved is to

subserve the charitable purpose or to earn profit by

referring to the judgment in the case of Additional

Commissioner of Income Tax, Gujarat v. Surat Art Silk

Cloth Manufacturers Association; (1980) 121 ITR 1 (SC).

As contra to this, where the profit making is the

predominant object of the activity, the purpose though

an object of general public utility, would cease to be a

charitable purpose. Thus, the pre-dominant object of the

activity is the key factor as canvassed by the learned

counsel. Similarly, reliance placed on Aditnar

Educational Institution v. Additional Commissioner of

Income Tax; 224 ITR 310 (SC) was for canvassing an

interpretation of Section 10(22) of the IT Act that the

availability of the exemption should be evaluated each

year to find out whether the institution existed during the

relevant year solely for educational purpose and not for

the purpose of profit. Any incidental surplus would, of

course, not make it a profit making object, but the acid

test is whether on overall view of the matter, the object

is to make the profit. In such an appraisal, the distinction

between the corpus, the object and the powers of the

concerned entity have to be borne in mind. The minority

view has strongly relied upon the provisions of Sections

146 and 155 of the Delhi School Education Act, 1973
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ITA No. 93 of 1999 Page 8 of 21
{„DSC Act‟ for short) which prohibit charging or collection

of any admission fee or compulsory donations. It is not in

dispute that these provisions apply to an aided institution

and the respondent/assessee is an unaided institution.

However, learned counsel emphasized that the Judicial

Member took a cue from the provisions relating to aided

institutions for applying to the respondent/assessee.

Another distinction which is sought to be made by the

minority view is between carrying on an education

activity and carrying on the said activity with a charitable

object. Thus, every educational activity is not with a

charitable object as observed in Safdarjung Enclave

Education Society v. Municipal Corporation of Delhi‟s

case (supra). Thus, if there is apprehension that but for

the contribution some adverse consequence would

follow, it ceases to be a voluntary act.

13. The minority view thereafter proceeds on the

premise that non distribution of profits or applying the

profits to education is not enough to claim exemption

and a charitable purpose is necessary with absence of

quid pro quo. The surplus was stated not to be arising

incidentally, but on a calculated basis.

14. The aforesaid is the sum and substance of the

pleas advanced on behalf of the appellant/Department.

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ITA No. 93 of 1999 Page 9 of 21
OPINION OF THE ACCOUNTING MEMBER/STAND OF
ASSESSEE

15. On the other hand, learned counsel for the

respondent/assessee inter alia sought to rely upon the

opinion of the Accounting Member and the opinion of the

President both of which went in its favour. The Society

was stated to be existing solely for educational purpose,

as was apparent from its objects, and not for profit

making. Reliance was also placed on the Circular

F.No.194/16-17-IT (AI) issued in respect of the

educational institutions which show some surplus. If the

educational institutions are owned by the trusts of

societies and such surplus is used for educational

purposes only, it could be held that the institution is

existing for educational purpose and not for the purpose

as observed in the circular. The profit motive would

come into the picture if the surplus can be used for non

educational purpose.

16. The Accounting Member referred to the view of

the Supreme Court in Aditnar Educational Institution v.

Additional Commissioner of Income Tax‟s case (supra) to

come to the conclusion that the Supreme Court had not

disapproved the proactive approach of collecting funds

through donations, gifts, etc. so long as they were

ploughed back into the system itself i.e. for imparting

education. Thus, if the overall object is not to make

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ITA No. 93 of 1999 Page 10 of 21
profit, the benefit under Section 10(22) of the IT Act

should be available to the assessee.

17. An important aspect taken note of is that there

was nothing on record to show any calculated move on

the part of the assessee to earn profit or surplus since

audited accounts of the previous assessment year 1992-

93 reflected a surplus as was the position in the

assessment year 1993-94 and the surplus has resulted

only from the educational activities. The facts existing in

the assessment year 1993-94 were also present in the

assessment year 1992-93 and thus there was no change

in the facts so as to take a different view breaching the

rule of consistency. The provisions of DSC Act have been

observed to be not applicable as they pertain to an aided

institution while the respondent/assessee undisputedly

was an unaided institution. The opinion of the Assessing

Officer and the CIT(A) has been observed to be based

more on suspicion and doubt with absence of hard facts

and evidence. Observations have been made about

comments on the persons constituting the Managing

Committee which were expunged as there was no

material. There was no material placed to show that

Ahluwalia Construction Co.(Pvt.) Ltd had carried out

construction at rates above the market rates or there had

been any diversion of funds to the said Company.

Undisputedly, the school building was under construction

since earlier years. Similarly, observations on deposits
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ITA No. 93 of 1999 Page 11 of 21
being made with a non-nationalized bank resulting in

possibility of diversion of funds were based on whims and

fancies of the tax authorities. The loans and deposits

taken from the parents were mainly for liquidating

liabilities of the bank loans, creditors and refurbishing

funds of the school as at the beginning of the year, the

Society had over Rs.21.41 lakhs as bank loans resulting

in interest burden. The loans were thus availed of from

the parents on interest at the rate of 8 per cent per

annum for three years or earlier if the student leaves the

school before the date of maturity.

18. The opinion of the Accounting Member takes

note of the nominees of the Education Directorate of the

Delhi Government being on the Managing Committee as

also representatives of the parents, teachers and

educationists, etc.

19. In the end, it was emphasized that an

educational institution which wants to give upgraded

facilities for education, sports, auditorium, swimming

pool etc. should not be compelled to reduce the

standards of education by preventing funds being raised

for such upgradation of infrastructure and facilities.

OPINION OF THE SR. VICE PRESIDENT, ITAT/STAND OF
ASSESSEE

20. Now coming to the opinion of the Senior Vice

President of the ITAT to whom the reference was made

by the President in view of divergence of views between

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ITA No. 93 of 1999 Page 12 of 21
the members, the same proceeds on the premise that

exemption under Section 10(22) of the IT Act has to be

calculated each year to find out whether the institution

existed during the relevant assessment year solely for

educational purpose and not for the purpose of profit

making. The acid test laid down and adopted is stated to

be whether in an overall view of the matter, the object of

the institution is to make profit and for the said purpose,

the distinction between the corpus, the object and

powers of the concerned entity has to be maintained.

The Memorandum of Association of the

respondent/assessee set out the objects, scope and

powers of the Society; it is in view of these objects, which

are charitable in character, that the respondent/assessee

claimed and was permitted registration under Section

12A of the IT Act and was allowed exemption under

Section 10(22) of the IT Act till the immediate preceding

year i.e. the assessment year 1992-93. There had been

no change in the Memorandum of Association and rules

and regulations during the relevant year and thus the

conclusion was reached that there was no change in the

predominant object of the activity, which is solely for

educational purposes, or that the Society had started

running for profit motive. The Governing Body of the

Society had been authorized to raise funds for promotion

of objects of the Society and the monies collected

towards admission fees, donations and loans were within
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ITA No. 93 of 1999 Page 13 of 21
the power given under the Memorandum of Association.

The Sr.Vice President agreed with the view of the

Accounting Member that the provisions of the DSC Act

could not apply as the provisions themselves stated that

they would be applicable to aided institutions and the

DSC Act clearly carved out a distinction between the

aided and unaided institutions (the respondent/assessee

being an unaided institution)

21. It was found that the respondent/assessee had

incurred expenses for infrastructure, for establishing and

maintaining schools and was intending to open new

branches over and above the existing two schools

applying these funds for the said purpose and thus it was

found that the assesssee could not be stated to have

collected funds beyond its legitimate needs. Merely

because there was accumulation of funds, no part of the

profit/income had been diverted for the purposes other

than the educational purpose. The provisions of Section

10(22) of the IT Act require that there should be no profit

motive which is a narrower distinction than saying that

there should be a charitable purpose.

ADDITOINAL CASE LAW REFERRED TO ON BEHALF OF
THE ASSESSEE

22. Learned counsel for the respondent/assessee

strongly emphasized on the principle of consistency

which was said to be breached by the Assessing

Authority for the relevant assessment year and referred

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ITA No. 93 of 1999 Page 14 of 21
to certain judgments in respect of the educational

institutions. The Division Bench of this Court in

Commissioner of Income Tax v. Lagan Kala Upvan; 259

ITR 489 (Delhi) emphasized that the conditions laid down

in Sections 11 and 13 of the IT Act were not relevant for

purposes of Section 10(22) of the IT Act and where an

educational institution was running for the last number of

years and the assessee was being granted exemption in

prior years, the assessee was entitled to exemption for

the relevant year.

23. Explaining the principles of res judicata, which

were not strictly applicable, it was observed that where a

fundamental aspect continuing during the different

assessment years has been found as a fact one way or

the other and the parties have allowed that position to be

sustained by not challenging the order, it would not at all

be appropriate to allow the position to be changed in the

subsequent years. A similar view has been taken in

Director of Income Tax v. Lovely Bal Shiksha Parishad;

266 ITR 349 (Delhi), Director of Income Tax (Exemption)

v. Moti Bagh Mutual Aid Education; 298 ITR 190 (Delhi)

and Director of Income Tax (Exemption) v. Manav Bharti

Institute of Child Education; 163 Taxman 50 (Delhi).

24. Learned counsel for the respondent/assessee

also strongly relied upon the judgment of the Division

Bench of this Court in Director of Income Tax (Exemption)

v. Raunaq Education Foundation; 294 ITR 76 (Delhi)
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ITA No. 93 of 1999 Page 15 of 21
wherein It was held that the word „income‟ occurring in

Section 10(22) of the IT Act cannot be given a restrictive

meaning as the words „derived from‟ do not occur in

Section 10(22) of the IT Act and thus the word „income‟

must be given its natural meaning or the meaning

ascribed to it in Section 2(24) of the said Act.

25. In Commissioner of Income Tax v. Delhi Kannada

Education Society; 246 ITR 731 (Delhi), it was held that

the condition precedent for exemption for an educational

institution under Section 10(22) of the IT Act requires

that the income to be used for educational purpose and

not for profit. Merely because there is surplus, it could

not be said that the educational institution existed for

profit making. The entity may have income from different

sources, but if a particular income is from educational

institution which existed solely for educational purpose

and not for the purpose of profit, then the income would

be entitled to exemption and the income should be

directly relatable to educational activity. If profit is made

and such profit is applied only for spread of education, it

was entitled to exemption under Section 10(22) of the IT

Act. In Director of Income Tax v. Sir Shri Ram Education

Foundation;262 ITR 164 (Delhi), it was held that the

exemption under Section 10(22) of the said Act could not

be denied only on the ground that it was merely

providing financial assistance to the educational

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ITA No. 93 of 1999 Page 16 of 21
institutions, but was not running those institutions by

itself.

CONCLUSION

26. We have considered all these opinions as well as the

submissions made by learned counsel for the parties.

We must at the inception itself note that the three

components scrutinized by the Assessing Officer are the

Admission Fee, Corpus Fund and the Loans taken from

parents. Thus it really can‟t be disputed that even the

source of funds is relatable to the activity of education.

It may be noticed that there are factual findings on the

loans having been availed of by the assessee from a

nationalized bank for the purpose of creating additional

infrastructure/schools and the three sets of amounts

have been addressed only towards the object of creating

additional infrastructure and easing the liability of the

assessee towards the interest burden of loan repayment.

What is pertinent to be taken note of is that there is no

finding or allegation of any diversion of these funds for

the purpose other than carrying on educational activity.

There is no diversion of funds to the individual members

or taking away of profits for some other activity. It does

appear to us that the Assessing Authority appears to

have been weighed down by the factum of some

questions being raised in the Parliament about the

manner of collection of funds by the institutions. That

alone, would not suffice to deny the exemption under
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ITA No. 93 of 1999 Page 17 of 21
Section 10(22) of the IT Act. There is in fact no material

to show or a complaint that there has even been any

coercive process to recover these amounts.

27. It cannot be lost sight of that if an institution has to

expand, additional infrastructure has to be created,

quality education has to be imparted, all these activities

require funds. There may be an original corpus of the

Society but thereafter the corpus for such activity can be

created only through voluntary donations either from any

philanthropist or through collection of funds in the

process of admission. We are not concerned with the

morality of the issue while deciding whether exemption

has to be granted under Section 10(22) of the IT Act as

all that is required is the absence of profit motive. There

is nothing brought on record to show such a profit

motive. The opinion of the CIT(A) seems to have

traversed a completely divergent path which had no co-

relation with the issue of exemption under Section 10(22)

of the IT Act. Personal prejudices seem to have stepped

in when allegations were made without any material

against certain members (which have rightly been struck

off by the majority opinion of ITAT) alleging that these

members were well known for making profit through

educational institutions. We also fail to appreciate the

doubts cast or the possibilities expressed about there

being something more to it in view of the funds being

deposited in private banks. The opinion is completely
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ITA No. 93 of 1999 Page 18 of 21
based on surmises and conjectures as it seems to

suggest that merely because funds were in a private

bank, there may have been divergence of funds to the

members of the Society. Similarly, the factum of

construction being carried out by Ahluwalia Construction

Co.(Pvt.) Ltd, stated to be a family concern of the

President, was not material as there was no allegation of

any inflated cost of construction or unreasonable profits

being derived from the same by third parties as a mode

of divergence of funds.

28. The reliance on the provisions of DSC Act is

clearly misplaced. A bare reading of the Sections relied

upon show that Sections 146 and 155 of the DSC Act are

applicable only to aided institutions. Thus prohibition

against taking donations etc. is clearly applicable to

these aided institutions where Government is giving

finances for running of the institutions. They have no

application to the unaided institutions. The majority view

consisting of the Accounting Member of the ITAT and the

Senior Vice President, in our considered view, correctly

appreciates the legal position and applies it to the facts

of the present case. The institution/Society is existing

only for educational purpose and not for the purpose of

profit making.

29. The legal position in this behalf has been

succinctly culled out in a number of judgments both of

this Court and the Supreme Court. In this behalf,
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ITA No. 93 of 1999 Page 19 of 21
guidance can be taken from the expression of opinion by

the Supreme Court in Aditnar Educational Institution v.

Additional CIT‟s case (supra). It is clear that any

incidental surplus could not convert the object to profit

making. Similarly, observations in Safdarjung Enclave

Education Society v. Municipal Corporation of Delhi‟s

case (supra)‟s case (supra) also emphasize that so long

as the profits are utilized for promotion of objects of the

institution, the benefit of exemption would be available.

It certainly can‟t be said that the object has turned into

profit motive in the present case. A number of

judgments referred to in support of this line of reasoning

have been discussed aforesaid as cited by the assessee

including Safdarjung Enclave Education Society v.

Municipal Corporation of Delhi‟s case (supra), Additional

Commissioner of Income Tax, Gujarat v. Surat Art Silk

Cloth Manufacturers Association‟s case (supra),

Commissioner of Income Tax v. Delhi Kannada Education

Society‟s case (supra) & Director of Income Tax v. Sir Shri

Ram Education Foundation‟s case (supra). All that is

necessary to state is that a common thread runs through

them and consequently, in our opinion, Section 10(22) of

the IT Act should not be given a restrictive meaning and

so long as the income is used for fulfilling educational

purpose, the exemption should be available. The

educational institutions should exist solely for

educational purpose and not for making profit.
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ITA No. 93 of 1999 Page 20 of 21

30. There is also a second aspect to the present

case arising from the principles of consistency. It is not in

dispute that the Society was duly registered under

Section 12A of the said Act on the basis of its

Memorandum of Association. There has been no change

in the Memorandum of Association. The Society

continues to run the schools which is the object with

which the Society was set up. The exemption under

Section 10(22) of the IT Act has been available to the

respondent/assessee for a number of years prior to the

assessment years in question and even for the

subsequent years as stated by learned counsel for the

assessee. It is in these circumstances that the legal

position set out on the principle of consistency would

come into play as observed in Commissioner of Income

Tax v. Lagan Kala Upvan‟s case (supra) and Director of

Income Tax v. Lovely Bal Shiksha Parishad‟s case (supra).

31. We are thus of the unequivocal view that the

respondent/assessee is entitled to exemption under

Section 10(22) of the IT Act as per the majority opinion of

the ITAT and thus answer the question in favour of the

respondent/assessee and accordingly dismiss the appeal

of the appellant/Department.

SANJAY KISHAN KAUL, J.

FEBRUARY 10, 2011                                       RAJIV SHAKDHER, J.
dm

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ITA No. 93 of 1999 Page 21 of 21