2012 (12) TMI 135

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....umar Standing Counsel for Income Tax For respondent in both TCs: Mr. C.V. Rajan -----   JUDGMENT CHITRA VENKATARAMAN, J. The Revenue is on appeal as against the order of the Tribunal relating to the assessment years 1990-91 and 1991-92. 2. It is seen from the narration of facts herein that the assessee Trust herein was created on 30.04.1957 mainly for educational and charita....

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....ts. In so holding, the Assessing Officer relied on the decision reported in [1996] 219 ITR 303 (Commissioner of Income Tax Vs. Virudhunagar Hindu Nadars Abiviruthi Panchakadai Mahamai). Aggrieved by the same, the assessee went on appeal before the Commissioner of Income Tax (Appeals). Following the decision of the Apex Court reported in [1997] 225 ITR 1010 (Thiagarajar Charities Vs Additional CIT)....

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....tion 11? 2. Whether in the facts and circumstances of the case, the income received by the assessee charitable trust is hit by the provision of Section 11(4A) and 3. Whether the ratio of the Supreme Court's judgment in the case of Thanthi Trust (246 ITR 785) is not squarely applicable to the facts and circumstances of the case? " 4. Even though the Tribunal had not given any finding as re....

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....Charities Vs Additional CIT). With the finding of fact arrived at by the Officer that the primary purpose of the Trust was charitable in nature, in the face of Section 2(15) and Section 11(4A) read with Section 13(1)(bb) of the Income Tax Act, we have no hesitation in confirming the order of the Tribunal.   5. We have already considered the issues raised herein in a similar order in Tax....