The Director Of Income-Tax, (Exemption v. The Institute Of Banking Personnelselection

Dmt IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1124 OF 2010 The Director of Income-Tax, (Exemption). ..Appellant. Vs. The Institute of Banking PersonnelSelection. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. K.B. Bhujle with Mr. G.S. Pikale i/by S.V. Pikale for Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 6TH JULY, 2011. P.C. Three questions of law are raised by the revenue in this appeal read thus : i) “Whether, on the facts and circumstances of the case and in law the Hon’ble Tribunal was right in ignoring that the assessee’s activity of imparting training for selection test/recruitment is a business activity and not a charity or for general public utility, thereby holding the assessee as a charitable institution entitling exemption u/s 11”? ii) “Whether, on the facts and circumstances of the case and in law the Hon’ble Tribunal was right in holding that the assessee is entitled to the benefit of accumulation u/s 11(2) of the IT Act in respect of declaration filed and thereby directing the AO to allow the benefit of accumulations made to the assessee u/s 11(2) of the I.T. Act”? Iii) “Whether, on the facts and circumstances of the case and in law the Hon’ble Tribunal was right in ignoring the decision in the case of DIT(E) s Trustees of Singhania Charitable Trust [199 ITR 819] which was in favour of the Revenue”? 2. As regards the first question is concerned, the counsel for the parties state that similar question raised by the Revenue in the assessee’s own case in Tax Appeal No. 811/04 (Director of Income Tax, (Exemption) vs. Institute of Banking Personnel Selection has been answered in favour of the assessee vide order dated 3[rd ]September, 2007. Hence, the first question cannot be entertained. 3.As regards the second and third questions are concerned, the finding of fact recorded by CIT(A) in para 3 of his order and affirmed by the ITAT is that the assessee has furnished the purpose for which the funds of the trust were accumulated and that such accumulation was for bonafide purposes. The decision of the Tribunal is based on finding of facts and hence question Nos. 2 and 3 cannot be entertained. 4.Accordingly, the appeal is dismissed. No order as to costs. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)