Law: Income Tax Act, 1961

Section: 10(22)

JUDGMENT M.B.K. Singh, J. - These appeals are filed under section 260A of the Income-tax Act, 1961, challenging the orders dated 30-4-2003, 30-6-2003, and 19-6-2003, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati, respecting the income of the assessee-respondent for the assessment years commencing from 1981-82 to 1996-97 excluding the assessment year 1989-90. By the above orders the Income-tax Appellate Tribunal accepted the assessee-respondent as an educational institution existing solely for educational purposes and thus granted exemption from payment of income-tax under section 10(22) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). 2. These appeals are taken up together for disposal by this common judgment and order as the substantial question of law involved in these appeals are the same. 3. The indispensable facts for disposal of these appeals, in short are that the assessee-respondent is a Government company incorporated under the Companies Act, 1956, under the name and style M/s. Assam State Book Production and Publication Corporation Ltd. In all the relevant assessment years the assessee claimed exemption from payment of income-tax under the provisions of section 10(22) of the Act which the Assessing Officer declined to accept. The assessee took the matter by filing appeals before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) rejected the appeal by holding that the assessee does not fulfil either of the criteria and as such the exemption under section 10(22) of the Act cannot be allowed. Thereafter, the assessee agitated the matter again before the Income-tax Appellate Tribunal Gauhati Bench, Guwahati. The matter was heard by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati, but because of the difference of opinion between the two members of the learned Tribunal on the matter which was in issue, they referred the same to the Third Member for opinion. The Judicial Member and the Third Member expressed the view that the assessee is an educational institution and as such its income is to be exempted under section 10(22) of the Income-tax Act. The Accountant Member,…

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