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Cit Vs. Vishnu Neman

Cit vs Vishnu Neman

Type Court Judgment Court Delhi Decided Mar 13, 2002
~1 min read
https://sooperkanoon.com/case/710605

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Citation
Court
Delhi High Court
Decided On
Case Number
IT Ref. No. 216 of 1983 13 March 2002
Subject
Direct Taxation

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Direct Taxation

Parties & Advocates

Appellant / Petitioner

Cit

Advocate R.D. Jolly and; Ajay Jha, for the Revenue; S.K. Aggarwal

Respondent

Vishnu Neman

Legal References

Reported In
[2002]123TAXMAN478(Delhi)

Excerpt

- following questions have been raised for opinion of this court by the tribunal, delhi bench b, under section 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 ?2. 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 under section 11 in respect of its income amounting to rs. 91,297 ?'2. it is accepted at the bar that the aforementioned questions are covered by a decision of this court in cit v. sir sobha public charitable trust (2001) 250 itr 475 as also a decision of a division bench of this court in cit v. sir shri ram foundation (2001) 250 itr 55 .3. in view of the aforementioned pronouncements, the question referred is answered in the affirmative, against the revenue and in favor of the assessed.4. reference is accordingly disposed of.

Full Judgment

Following questions have been raised for opinion of this court by the Tribunal, Delhi Bench B, under section 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 ?

2. 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 under section 11 in respect of its income amounting to Rs. 91,297 ?'

2. It is accepted at the bar that the aforementioned questions are covered by a decision of this court in CIT v. Sir Sobha Public Charitable Trust (2001) 250 ITR 475 as also a decision of a Division Bench of This court in CIT v. Sir Shri Ram Foundation (2001) 250 ITR 55 .

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

4. Reference is accordingly disposed of.

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