Law:

Section:

Educational institution which is recognised by any competent authority and imparts formal education systematically and has control over its trainees, is eligible for exemption under section 10(22) of IT Act Section 10(22), read with sections 2(15) and 11(1)(a), of the Income-tax Act, 1961 - Educational institutions - Assessment year 1981-82 - Whether term 'other educational institutions' as mentioned in section 10(22) contemplates an institution imparting formal education in an organised and systematic training where institution would be accountable to some authority and where there would be teachers and taught, former having some degree of control over latter - Held, yes - Assessee was a registered public charitable trust that was established with a view to promote educational activities by running schools, colleges, etc. - It also held lectures, meetings, audio visual shows on relevant educational topics - In view of such activities, it claimed exemption under section 10(22) - Authorities below, however, rejected assessee's claim - However, it was seen that assessee itself did not run any composite or integrated course of organized and systematic training, rather courses offered by it were piecemeal additions to courses of instructions being given in schools or colleges - Moreover, it was neither affiliated to or recognized by any authority nor it claimed any control over recipients of training - Whether in view of aforesaid circumstances, assessee-trust failed to satisfy tests laid down by section 10(22) - Held, yes - Whether, therefore, Tribunal was right in holding that assessee-trust was not entitled to exemption as contemplated under section 10(22) - Held, yes Interpretation of statutes - Rule of 'noscitur a socii' FACTS The assessee was a registered public charitable trust that was established with a view to promote educational activities by running schools, colleges, etc. It also held lectures, meetings, audio visual shows on relevant educational topics. In view of those activities, it claimed exemption under section 10(22). The Assessing Officer did not accepted the assessee's claim. On appeal, the Assistant Commissioner (Appeals) allowed the…

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