INCOME TAX ACT, 1961

Section 10(20)

Charitable trusts - Exemption under section 10(22) - Position prior to 1.4.1999 -

Issue arose as to whether Tribunal was justified in holding that assessee was entitled to exemption under section (10(22)), when element imparting education to students of normal schooling was absent to attract exemption as engrafted under aforesaid provision. Held: Provision contained in sub-section (22) of Section 10 has been omitted from the Act with effect from 1.4.1999 but the assessment year involved in the present case is 1994-95. Thus, present case was squarely covered by Assam State Text Book Production ((2009) 185 Taxman 58 (SC) : 2009 TaxPub(DT) 2091 (SC)) and Division Bench judgment of Court in M.P. Text Book Corporation . Order passed by Tribunal was set aside and matter was remanded to AO for de novo consideration.

REFERRED :

FAVOUR : Matter remanded

A.Y. :

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