Lodging Association vs. CBDT (301 ITR 86) (SC) 2) Queen’s Educational Society v. CIT ( (385 ITR 66)

D.C.I.T, CIRCLE-1(EXEMPTION), CHANDIGARH vs. M/S OM PRAKASH BANSAL CHARITABLE TRUST, JAMMU

In the result, both the appeals filed by the Revenue are dismissed and both the Cross Objections filed by the assessee are allowed

ITA 340/CHANDI/2020[2016-17]Status: DisposedITAT Chandigarh20 Sept 2021AY 2016-17

For Appellant: Shri P.N. Arora, AdvFor Respondent: Shri Ashok Khanna, Addl. CIT

Section 11Section 13Section 13(1)(c)Section 13(3)Section 2(15)Section 250(6)

…llowing judgements:- (i) Decision of Supreme Court of India in the case of Chief Commissioner of Income Tax vs. St. Peter's ITA Nos.339 & 340/Chd/2020 & C.O. Nos.3 & 4/Chd/2020 A.Ys. 2015-16 & 2016-17 Page 8 of 22 Educational Society reported in [2016] 385 ITR 66 (SC) wherein it was held as under:- "Where an educational institution carries on the activity of education primarily for educating persons the fact that it makes a surplus does not lead to the conclusion that it ceases to exist solely for education purpose and becomes an institution for the purpose of making profit." (ii} CBDT Circular No. 14/2015…

D.C.I.T.,CIRCLE-1(EXEMPTION), CHANDIGARH vs. M/S OM PRAKASH BANSAL CHARITABLE TRUST, JAMMU

In the result, both the appeals filed by the Revenue are dismissed and both the Cross Objections filed by the assessee are allowed

ITA 339/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh20 Sept 2021AY 2015-16

For Appellant: Shri P.N. Arora, AdvFor Respondent: Shri Ashok Khanna, Addl. CIT

Section 11Section 13Section 13(1)(c)Section 13(3)Section 2(15)Section 250(6)

…llowing judgements:- (i) Decision of Supreme Court of India in the case of Chief Commissioner of Income Tax vs. St. Peter's ITA Nos.339 & 340/Chd/2020 & C.O. Nos.3 & 4/Chd/2020 A.Ys. 2015-16 & 2016-17 Page 8 of 22 Educational Society reported in [2016] 385 ITR 66 (SC) wherein it was held as under:- "Where an educational institution carries on the activity of education primarily for educating persons the fact that it makes a surplus does not lead to the conclusion that it ceases to exist solely for education purpose and becomes an institution for the purpose of making profit." (ii} CBDT Circular No. 14/2015…

M/S STEP BY STEP JUNIOR SCHOOL SOCIETY,AMRITSAR. vs. COMMISSIONER OF INCOME TAX (EXEMPTION), CHANDIGARH

ITA 596/ASR/2016[2015-16]Status: DisposedITAT Amritsar16 Aug 2021AY 2015-16

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 10

…ich goes to show that the assessee was earlier utilized the fund for the development of institution and of its extension. Further according to the judgment passed by the Hon'ble Apex Court in the case of Chief Commissioner vs. St. Peter's Educational Society, 385 ITR 66 (SC) as relied upon by the assessee society whereby it was held that the institution makes profit does not necessarily mean it exists for profit and an overall view in year in question object was to make profit as opposed to educating persons to be seen. Further, the Hon'ble Apex Court in the case of Visvesvaraya Technological University vs. ACIT…

THE SARDAR PARTAPSINGH EDUCATION SOCIETY,MUMBAI vs. THE CIT (EXEMPTIONS), MUMBAI

In the result, appeal of the assessee is allowed

ITA 487/MUM/2021[2019-20]Status: DisposedITAT Mumbai11 Jun 2021AY 2019-20

Section 10

…vs. CIT reported in 372 ITR 699 (SC) d) Decision of the Hon’ble Supreme Court in the case of Vishvesvaraya Tech University vs. ACIT reported in 384 ITR 37. e) Decision of Hon’ble Supreme Court in the case of CCIT vs. St. Peters Educational Society reported in 385 ITR 66. 8 The Sardar Partapsingh Education Society 3.1. Moreover, the Hon’ble Supreme Court in the case of American Hotel and Lodging Association Educational Institute vs. CBDT reported in 301 ITR 86 held that on the issue of deciding whether an institution is existing for profit or not, the mere excess of income over expenditure cannot be decisive. An…