LAWS(DLH)-2002-12-26

DIRECTOR OF INCOME TAX Vs. RAM EDUCATION FOUNDATION

Decided On December 03, 2002
DIRECTOR OF INCOME TAX Appellant
V/S
SIR SHRI RAM EDUCATION FOUNDATION Respondents

JUDGEMENT

(1.) THIS appeal under S. 260A of the IT Act, 1961 (for short the Act), by the Revenue, is directed against a composite order dt. 22nd Aug., 2001, passed by the Tribunal, Delhi Bench, Delhi, in ITA No. No. 3591 & 3592(Del)/1996 pertaining to the asst. yrs. 1992 93 and 1993 94. According to the Revenue the order involves the following substantial question of law : "Whether, on the facts and circumstances of the case the learned Tribunal has erred in allowing benefit of S. 10(22) of the IT Act, 1961, even though it is not an educational institution but merely providing financial assistance ?"

(2.) AS is evident from the format of the question, the only issue arising for consideration in this appeal is as to whether the assessee, who is only providing financial assistance to educational institutions is entitled to the benefit of S. 10(22) of the Act.

(3.) IN the present case, exemption under S. 10(22) of the Act was disallowed to the assessee only on the ground that it was merely providing financial assistance to educational institutions like Lady Sri Ram College for Women, Sriram College of Commerce, etc. but was not running these institutions by itself. In view of the aforenoted authoritative pronouncement, no question of law, much less a substantial question of law, survives for our consideration. The appeal is accordingly dismissed.