I.T.A. No. 838 of 2008 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH I.T.A. No. 838 of 2008 (O&M) DATE OF DECISION: 3.8.2009 Commissioner of Income Tax-II, Chandigarh ..........Appellant Versus M/s Sikh Education Society, Sector 26, Chandigarh ..........Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Ms. Urvashi Dhugga, Advocate for the appellant. Mr. Rajiv Sharma, Advocate for the respondent. **** ADARSH KUMAR GOEL, J. (Oral) 1. The revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961 (for short, “the Act”) against the order of Income Tax Appellate Tribunal, Chandigarh Bench-B dated 30.6.2008 passed in ITA No. 315/Chandi/2008 for the assessment year 2005-06, proposing to raise following substantial question of law:- “Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT was justified in holding, that the mere fact that assessee was a Society/other institution and not a trust would not disentitle it from the exemption under section 11/12 of the Act, without appreciating the fact that the assessee was Registered under Societies Act, 1860 and not under Indian Trust Act, 1882 as such does not qualify for exemption u/s 11 I.T.A. No. 838 of 2008 (O&M) (2) (1) (a) of the Income Tax Act, on the income which is derived from the property not held under a trust.” 2. The assessee is running a educational institution and claimed exemption under Section 11 (2) of the Act in respect of income derived from interest of saving bank account and Fixed Deposit Receipts. The Assessing Officer disallowed the said exemption on the ground that the assessee was only a society and not a trust. This view was reversed by the CIT(A) as well as by the Tribunal. 3. Learned counsel for the assessee relies upon order of this Court dated 15.12.2008 passed in ITA No. 609 of 2007 (The Commissioner of Income Tax, Panchkula Vs. M/s Haryana C.M. Relief Fund, Chandigarh), wherein, it was held that in view of the explanation to Section 13 (1) of the Act, the term 'Trust', includes any other legal obligation, once the property was for charitable purpose. The said order was followed in the case of the assessee on 16.3.2009 in ITA No. 728 of 2008. 4. Learned counsel for the appellant submitted that claim of the assessee being under Section 10 (23C), exemption under Section 11 of the Act could not be allowed. This is not the point raised or considered in the order of the Tribunal or even in the appeal filed in this Court. Thus, this question cannot be allowed to be raised. 5. No substantial question of law arises. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE August 03, 2009 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No I.T.A. No. 838 of 2008 (O&M) (3)