Agasthiyar Trust Vs. Cwt

counsels: p.p.s. janardhanaraja, for the assessee j. nareshkumar, for the revenue in the madras high court r. jayasimha babu & a.k. rajan, jj. - constitution of india article 141; [a.p. shah, c.j., f.m. ibrahim kaliffulla &v. ramasubramanian, jj] reference to larger bench - precedent - full bench decision held, it is binding on the division bench. only if the full bench comes to conclusion that earlier full bench decision is incorrect, there is scope for making reference to larger bench. division bench doubting correctness of full bench decision cannot direct registry for placing papers before chief justice to make reference to larger bench. orderr. jayasimha babu, j.the question that is referred for our consideration is, 'whether, on the facts and the circumstances of the case in the absence of definition of charitable purpose (in wealth tax act), the tribunal was right in holding that the assessee is not entitled to exemption under section 5(1)(i) of the wealth tax act ?'the assessment year is 1973-74.2. the tribunal declined to accept the contention that the assessee-trust is entitled to exemption under section 5(1)(i) of the wealth tax act on the ground that the assessee's claim for such exemption under section 11 of the income tax act on identical facts had been negatived by this court earlier. the decision of this court on which the tribunal relied was subsequently reversed by the supreme court in the decision rendered in civil appeal nos. 1846-63 of 1988 decided on 5-2-1998.3. having regard to the decision of the supreme court holding that the assessee- trust is entitled to exemption under section 11 of the income tax act, its claim for exemption under section 5(1)(i) of the wealth tax act also is required to be upheld as the facts are identical. the question referred to us is answered in favour of the assessee and against the revenue.