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Petitioner: COMMISSIONER OF INCOME-TAX VS Respondent: GURYANI BRIJ BALLABH KAUR TRUST
Court Name: Punjab and Haryana High Court Judge(s): S. S. Sodhi, Gokal Chand Mital Title: COMMISSIONER OF INCOME-TAX vs GURYANI BRIJ BALLABH KAUR TRUST Case No.: Income-tax Reference Nos. 115 and 116 of 1980 Date of Judgment:1988-11-16 Reported As: 1991 PTD 68 Result: Order accordingly
JUDGMENT
JUDGMENT GOKAL CHAND MITAL, J.--For the assessm ent 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 under section 11 of the Income-tax Act, 1961?" Whether the assessee was a charitable trust and entitled to exemption under section 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 C.I.T. v. Guryani Brij Balabh Kaur Trust (1980) 125 ITR 381, 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.