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Case Law Details

Case Name : MS Vivekanand Society of Education and Research Vs CIT (Jammu & Kashmir High Court)
Appeal Number : ITA No. 23/2014
Date of Judgement/Order : 29/12/2017
Related Assessment Year :
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M/s. Vivekanand Society of Education and Research Vs CIT (Jammu & Kashmir High Court)

Where there are more than one such institutions, which are under a particular society or trust, such as the assessee society in the present case, the aggregate annual receipts of each of the educational institutions would have to be considered separately and not together. Thus, if there are two institutions A and B and if the aggregate annual receipts of the Institution A is less than Rs. 1.00 crore, then the income received by a person (such as the assessee society) on behalf of the Institution A, would not be included in the total income of that person (such as the assessee society). At the same time, if the aggregate annual receipts of Institution B exceeds Rs. 1.00 crore, then any income received by any person on behalf of Institution B would be included in the total income of that person. Similarly, by taking this logic further, if neither Institution A nor Institution B has aggregate annual receipts of Rs. 1.00 crore or more, any income received by any person on behalf of these institutions, would not form part of the total income for the purposes of income tax.

FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOWS:-

1. This appeal by the assessee, (Vivekanand Society of Education and Research, Kachi Chawani, Jammu), (hereinafter referred to as the assessee society‟), is directed against the order dated 13.02.2014 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, in ITA No. 305 (Asr)/2010 pertaining to the assessment year 2005-06.

2. On 16.09.2014 when this appeal was admitted to hearing, the following questions of law were framed for consideration of this Court:-

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