2002 (7) TMI 80

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....by K. A. Puj J.-At the instance of the Revenue, the following question of law is referred to this court for its opinion "Whether, on the facts and in the circumstances of the case, the provisions of sections 13(2)(h) and 13(3) applied and whether the assessee-trust was entitled to exemption under section 11 of the Income-tax Act, 1961?" The assessee has claimed exemption under section 11 ....

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....Appellate Assistant Commissioner, the Revenue came up in appeal before the Tribunal. At the time of hearing of the said appeal, learned counsel for the assessee placed before the Tribunal a copy of its order in the case of Ambalal Sarabhai Trust No. 19 (I.T.A. No. 595 (Ahd.) of 1980, dated January 28, 1981) and highlighted the fact that on an identical point which came up before the Tribunal in th....

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....referred to and relied on its earlier decision in the case of CIT v. Insaniyat Trust [1988] 173 ITR 248, wherein, after elaborately discussing the provisions contained in sections 11 and 13 of the Income-tax Act, 1961, this court had come to the conclusion that the provisions of section 13(2)(h) are not applicable and the assessee was entitled to the exemption under section 11 of the Act. The fact....