TMI Blog2014 (8) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been able to controvert and deny the factual position - he was asked whether the revenue has filed or taken similar objections in respect of other years and denied benefit of Section 11 – allegation of violation of Section 11(5) of the Act does not arises for consideration - Decided against revenue. - ITA No. 162/2001 - - - Dated:- 17-7-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Petitioner : Mr. Rohit Madan And Mr. P Roychaudhuri For the Respondent : Mr. Piyush Kaushik ORDER 1. By order dated 17.5.2005 the following substantial question of law was framed in this appeal by the revenue which pertains to the assessment year 1991-92:- Whether the ITAT is correct in allowing the benefit of Section 11 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave not been discussed. However, the same find elucidation in the order passed by the Commissioner of Income Tax (Appeals) dated 06.10.94. 5. The Commissioner of Income Tax (Appeals) has referred to the Will of late Raja Bahadur Sardar Singh of Khetri and that as per the said Will his entire property including immovable property and shares in a foreign company worth ₹ 9,77,025/- were bequeathed to the respondent trust. He has observed that the properties had not been transferred or acquired by the trust because of ongoing litigation in the Court. The Will of late Raja Bahadur Sardar Singh of Khetri was under challenge in the probate proceedings and the same were pending adjudication. It has been stated at the Bar, that the probate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue has not been able to controvert and deny the aforesaid factual position. In fact, he was asked whether the revenue has filed or taken similar objections in respect of other years and denied benefit of Section 11. He is unable to answer the said question but counsel for the assessee has stated that in 2 or 3 assessment years similar objections were raised but in other years benefit under Section 11 has been granted. As noticed above, counsel for respondent trust has stated that probate proceedings are still pending. 10. In view of the factual position elucidated above and affirmed by the Commissioner of Income Tax (Appeals) and the Tribunal, we do not think allegation of violation of Section 11(5) of the Act arises for consideration o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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