Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 10(23c) (vi) 1961: ss.10 (23c) (iii-ad) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | .Income Tax Act, 1961: ss.10 (23c) (iii-ad), 10(23c) (vi) — Exemption under — Held: Where an educational institution carries on the activity of education primarily for educating persons, the fact that it makes a surplus does not lead to the conclusion that it ceases to exist solely for educational purposes and becomes an institution for the purpose of making profit — There is difference between the making of a surplus and an institution being carried on “for profit” — No inference arises that merely because imparting education results in making a surplus, it becomes an activity for profit — Such surplus would not come within the ambit of denying exemption.Disposing of the appeals, the Court HELD: 1. Section 10(23c)(iiiad) has three requirements — (a) the educational institution must exist solely for educational purposes (b) it should not be for purposes of profit and (c) the aggregate annual receipts of such institution should not exceed the amount or annual receipts as may be prescribed. Where an educational institution carries on the activity of education primarily for educating persons, the fact that. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2015 INSC 219 |
Petitioner | M/s. Queen's Educational Society |
Respondent | Commissioner Of Income Tax |
SCR | [2015] 3 S.C.R. 838 |
Judgement Date | 2015-03-16 |
Case Number | 5167 |
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