1999 (10) TMI 52

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.... We find no substance in these references. The Tribunal has held that there was no infringement of the provisions of section 13(2)(h) read with section 13(4) of the Income-tax Act, 1961, on the basis of the materials placed before it. No error in the consideration of materials has been brought to our notice. The Tribunal has held that there was no diversion of the trust's fund by the trustees for ....

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....s by itself not a ground to deny the benefit of section 10(22) of the Act. In the background of these facts we are satisfied that there are no errors on the part of the Tribunal in holding in favour of the assessee. The questions referred to us namely: "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that there was no diversion of trus....