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Petitioner: COMMISSIONER OF INCOME-TAX VS Respondent: PALGHAT SHADI MAHAL TRUST
Court Name: Kerala High Court Judge(s): J. B. Koshy, P. K. Balasubramanyan Title: COMMISSIONER OF INCOME-TAX vs PALGHAT SHADI MAHAL TRUST Case No.: C.M.P. No.1189 of 1999 in I.T.R. No.34 of 1996 Date of Judgment:1999-04-09 Reported As: 2001 PTD 3243 Result: Leave granted
JUDGMENT
JUDGMENT P.K. BALASUBRAMANYAN, J.---These applications are filed under section 261 of the Income Tax Act, 1961, praying for the issue of certificates of fitness for appeal to the Supreme Court. What is involved in these cases (see (1999) 236 ITR 722 (Ker.)), is the question of the scope of Explanation 2 to section 13 in the context of the exclusion contained in section 13(1)(b) of the Act. It is submitted that the question is of general importance and there is no binding decision of the Supreme Court on the question sought to be raised before this Court. It is also submitted that there are no decisions of other High Courts on this question. Since we find that what is involved is the scope of Explanation 2 to section 13 of the Act, we certify that these cases are fit ones for appeal to the Supreme Court. We issue the certificates prayed for under section 261 of the Income-tax Act. .