2006 (8) TMI 631

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction (2) of section 13 read with section 13(1)(c) of the Income-tax Act, 1961 ? 2. Whether, in law and circumstances of the case, the ITAT was justified in holding that assessee-trust was a public charitable and its income was exempt under sections 11 and 12 of the Income-tax Act, 1961 ?" 2. The reference relates to the years 1977-78, 1978-79 and 1981-82. Briefly stated the facts giving rise to the present reference are as follows:- The assessment orders for the assessment years 1977-78 and 1978-79 are fresh assessment orders after the original assessment orders were set aside by the then Commissioner of Income-tax (Appeals) with the direc- tion to consider the judgment of the Settlement Commissioner under section 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nnulled the finding of the Income-tax Officer in this regard. 3. The department came in appeal to the Tribunal. After considering the submissions, the Appellate Tribunal dealt with the matter in the following words :- "5. We have considered the submissions of the parties and have gone through the orders of the authorities below. We agree with the submissions of the Authorised Representative for the assessee that the assessee preferred appeals before the Commissioner of Income-tax (Appeals) and he has considered the implication of section 13(2)(b) of the Act for the assessment years under appeal. It is, therefore, not correct to say that the Commissioner of Income-tax (Appeals) has not considered the implication of section 13 of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ard Sri R.K. Upadhyaya, learned standing counsel for the revenue. We may bring on record that this case was taken up by this Court on 21-8-2006 in the revised list and on hearing Sri Upadhyaya at length as Sri A.A. Khan, learned counsel for the respondent-assessee was not present the matter was adjourned for today, i.e., 22-8-2006 with a direction to Sri Upadhyaya to inform Sri Khan in writing about this case being taken up today. His efforts to serve the notice on Sri Khan failed as his clerk refused to accept any notice. We are, therefore, proceeding on the basis of arguments advance by Sri R.K. Upadhyaya. 5. Sri Upadhyaya has produced before us a copy of the order dated 9-10-2001 passed by Hon'ble Supreme Court in Shervani Charitable ....