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Section 10(22) of the Income-tax Act, 1961 - Exemption - Educational institution - Assessment years 1992-93 and 1993-94 - Whether in view of Supreme Court decision in Aditanar Educational Institution v. Addl. CIT [1997] 224 ITR 310/ 90 Taxman 528 , an assessee-foundation providing financial assistance to educational institutions comes within scope of 'other educational institution' as specified in section 10(22) and is entitled to benefit of section 10(22) - Held, yes CASE REFERRED TO Aditanar Educational Institution v. Addl. CIT [1997] 224 ITR 310/ 90 Taxman 528 (SC) [Para 3]. R.D. Jolly for the Appellant. S.K. Aggarwal for the Respondent. JUDGMENT D.K. Jain, J. - This appeal under section 260A of the Income-tax Act, 1961 (for short the Act), by the Revenue, is directed against a composite order dated 22nd August, 2001, passed by the Tribunal, Delhi Bench, Delhi, in ITA Nos. 3591 and 3592 (Delhi)/1996 pertaining to the assessment years 1992-93 and 1993-94. According to the Revenue the order involves the following substantial question of law : "Whether, on the facts and in the circumstances of the case the learned Tribunal has erred in allowing benefit of section 10(22) of the Income-tax 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 section 10(22) of the Act. 3. We have heard learned counsel for the parties. Since the issue raised is purely legal and is no longer res integra, it is unnecessary to state the facts. A similar issue came up for consideration of the Supreme Court in Aditanar…

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