Cwt Vs. Chakrabarty Sadh - Court Judgment

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counsels: a.n. mahajan for the assessee head note: income tax exemption under section 10(22)--educational institutionsociety for educational purposesassessee-society, engaged in running a school of paramedical education and training courses as well as regular courses in russian language, claimed exemption under section 10(22). the ao disallowed the claim on the ground that the assessee|s work related to performance of contract and not for providing regular education in learning language. the appellate authority allowed exemption which was confirmed by the tribunal.held: for availing of exemption under section 10(22) it is not necessary that the trust should be registered under section 12a(a) of the income tax act as registration under section 12a(a) is required only when exemption under section 11 is sought. besides, the assessee was not required to take permission either from cbdt or rbi as it was not intending to send money abroad and it never sent money abroad. the money collected by it was to be utilized for setting-up an institution of russian studies. besides, provision of section 13 is not applicable to the assessee as its case is covered under section 10(22). assessee was not running any coaching centre or holding any tutorial classes. it held regular courses in russian language as well as in paramedical and training courses. it is not necessary to spend any surplus money in the same year. the requirement of section 10(22) is, therefore, fulfilled. income tax act, 1961 s.10(22) wealth tax exemption under section 5(1)(xxxii)--share in a firmheld : assessee-huf who was partner of a firm and was engaged in dyeing printing white cotton cloth and preparing garments, bed spreads and scarves, was entitled to exemption under section 5(1)(xxxii), in respect of his share in the firm. wealth tax act, 1957 s.5(1)(xxxii) in the high court of allahabad r.k. agrawal & prakash krishna, jj. - indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammad1. in these references the income tax appellate tribunal, allahabad has referred the following similar question of law under section 27(l) of the wealth tax act, 1957, hereinafter referred to as 'the act', for opinion to this court:'whether on the facts and in the circumstances of the case, the assessee was entitled to exemption under section 5(1)(xxxii) of the wealth tax act, 1957, in respect of his share in the firm m/s. nx overseas traders, farrukhabad ?'reference no. 116 of 1987 relates to the assessment years 1977-78 to 197980 and reference no. 117 of 1987 relates to the assessment years 1981-82 to 1983-84.briefly stated the facts giving rise to both the references are as follows:2. the respondent-assessee is an h.u.f. and is a partner in m/s. nx overseas traders, farrukhabad, which is engaged in dyeing, printing white cotton cloth and preparing garments, bed spreads, and scarves. the respondent claimed exemption under section 5(l)(xxxii) of the act in respect of his share in the above firm. the wealth-tax officer did not accept the claim of the respondent. in appeal the appellate assistant commissioner had allowed the claim which order had been affirmed by the tribunal.we have heard sri a.n. mahajan, learned standing counsel for the revenue. nobody has appeared on behalf of the respondent-assessee.3. we find that this court in cwt v. jagphool narain : [1991]192itr295(all) has held that process of purchasing plain white cloth and converting it into printed bed-spreads, scarves, garments, etc., by a process of dyeing and printing constitutes the unit an 'industrial undertaking' and, therefore exemption under section 5(l)(xxxii) of the act is available and in another case of cwt v. chintamani (1993) 199 itr 921 this court has taken the similar view.4. respectfully following the aforesaid decisions, we answer the question referred to us in the affirmative, i.e., in favour of the assessee and against the revenue. however, there shall be no order as to costs.