2006 (7) TMI 96

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....counsel for the assessee. 2 At the instance of the Revenue, the Tribunal has referred the following questions for our opinion "(1) Whether, the Appellate Tribunal is right in law and on facts in holding that the assessee-trust is a religious trust entitled to the benefit of section 11 ? (2) Whether the Tribunal is right in law and on facts in holding that Jainism is not a religion, and if Jaini....

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....ncement of the Act, any income thereof if the trust or institution is created or established for the benefit of any particular religious community or caste. Referring to a Division Bench judgment of this court in the matter of Shantagauri Ramnikial Trust v. CIT[1999] 239 ITR 528, it is submitted that what are the requirements to be taken note of while deciding the question whether the trust is a r....

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....T v. Barkate Saifiyah Society [1995] 213 ITR 492 and submitted that exclusion from exemption under section 13(1) (b) applies only to charitable trusts and charitable institutions and if the trust is charitable as well as religious in nature, the assessee would be entitled to exemption under section 11 of the Act. 5 The question, that what should be the principle adopted and whether Jainism is a l....