1996 (3) TMI 42

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....he Revenue under section 256(1) of the Income-tax Act, 1961. The following questions of law have been referred by the Tribunal for answer by this court : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee-trust is entitled to claim of exemption under section 11 when declaration was filed in contravention of rule 17 ? (2) Wheth....

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....)(bb) of the Act, and brought to charge the said amount of Rs. 90,990. The Appellate Assistant Commissioner allowed the assessee's appeal holding that the provisions of section 13(1)(bb) of the Act are not applicable. The Department moved the Tribunal and the tribunal held that the issue involved was not res integra because it was already decided in favour of the assessee, vide its order dated Jan....

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....t the persons who are employed by the trust are benefited by the trust. In fact, they are carrying on activities for their own benefit and it has no intention of carrying on any business. Hence, it was held that the entire process is for the benefit of persons who are engaged in the business activity carried on by the trust. Therefore, the Appellate Assistant Commissioner set aside the order of th....