Commissioner of Income Tax vs Guryani Brij Ballabh Kaur Trust

Gokal Chand Mital, J.—For the assessment years 1974-75 and 1975-76, the following question has been referred by the Income Tax Appellate Tribunal, Amritsar :

"Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the assessee was a charitable trust and entitled to exemption u/s 11 of the Income Tax Act, 1961 ?"

Whether the assessee was a charitable trust and entitled to exemption u/s 11 of the Income Tax Act, 1961 (for short "the Act"), was the subject-matter of reference for the assessment year 1971-72 and this court decided the matter between the parties, which is reported as Commissioner of Income Tax Vs. Guryani Brij Balabh Kaur Trust, in favour of the assessee, that it is a charitable trust and is entitled to exemption.

In view of the aforesaid, for these two later years, we follow the aforesaid decision and accordingly answer the question in favour of the assessee, that is, in the affirmative, but leave the parties to bear their own costs.