Commissioner of Income Tax vs Vishnu Neman

Following questions have been raised for opinion of this court by the Tribunal, Delhi Bench B, u/s 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessed-trust was not hit by the provisions of section 13(2)(h), read with section 13(4) of the Income Tax Act, 1961 ?

Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessed-trust was entitled to exemption u/s 11 in respect of its income amounting to Rs. 91,297 ?"

It is accepted at the bar that the aforementioned questions are covered by a decision of this court in Commissioner of Income Tax Vs. Sir Sobha Singh Public Charitable Trust, as also a decision of a Division Bench of This court in Commissioner of Income Tax Vs. Sir Shri Ram Foundation,

In view of the aforementioned pronouncements, the question referred is answered in the affirmative, against the revenue and in favor of the assessed.

Reference is accordingly disposed of.