1999 (9) TMI 70

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AYAT C. J.--Heard. At the instance of the Revenue on an application under section 26(1) of the Gift-tax Act, 1958 (in short "the Act"), the Income-tax Appellate Tribunal, Cochin Bench (in short "the Tribunal"), has referred the following question for adjudication: "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitle....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as aforesaid. The gift was claimed to be exempted in terms of section 5(1)(v)/(va). Certain documents were filed in support of the stand that an application had been filed for registration under section 12A(a) before the Commissioner of Income-tax, Trivandrum. The Assessing Officer did not accept the claim of exemption. In appeal, the Commissioner of Income-tax (Appeals) (in short "the CIT (A)") h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cated about the registration of the application. There is nothing on record to show that the application was rejected. That being the position, the Commissioner of Income-tax (Appeals) and the Tribunal were justified in their conclusions. Section 5(1)(v) of the Act contemplates exemption to any institution established or deemed to be established for a charitable purpose to which the provisions ....