LAURA ENTWISTLE Vs. UNION OF INDIA

JUDGEMENT

(1.) These two Writ Petitions are filed by the same petitioners for different assessment years. The Writ Petition No. 8518 of 2009 pertains to Assessment Year (AY) 2002 ' 03 and AY 2003 ' 04 and the Writ Petition No. 9265 of 2009 pertains to AY 2004 ' 05 and AY 2005 ' 06. Since the facts and the issue arising in both these petitions is common we shall dispose of the same with a common order by adverting to facts from the Writ Petition No. 8518 of 2009 for brevity.

(2.) The petitioners, the present trustees of the American School of Bombay Education Trust, ('ASB' for short) have filed the present petition to set aside the impugned order dtd. 27/2/2009 passed by respondent no.4 and to direct the respondents to grant them the exemption to the income that was rejected by the impugned order under Sec. (u/s) 10(23C)(vi) of the Income Tax Act, 1961 (the Act) in relation to Assessment Year (A.Y.) 2002-03 to A.Y. 2005-06.

(3.) The ASB is constituted under the Indian Trusts Act, 1882, vide the trust deed, as amended in July-1995 and August-2008. The ASB was set up after the embassy of the United States of America was granted specific permission by the Ministry of External Affairs, New Delhi. The Trust is set-up solely for the purpose of education and not for the purpose of profit. The relevant extract of the recital of the Trust Deed is reiterated as under-