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2002 (11) TMI 44 - KERALA HIGH COURTCharitable Trust - None of the authorities including the Tribunal had considered the question as to whether the assessee-trust is an institution so as to fall within the ambit of section 11(4A)(b) of the Act. All the authorities including the Tribunal proceeded on the assumption that a trust, irrespective of being an institution, will be entitled to exemption provided the other conditions stipulated in clause (b) are satisfied. It would also appear from the facts found by the Tribunal that if an exemption is available to a trust under section 11(4A)(b) all the other three conditions stipulated therein are satisfied by the assessee. In the absence of a finding as to whether the assessee-trust can be treated as an institution we will not be in a position to decide as to whether the assessee trust is entitled to get the benefit of exemption under section 11 in the light of sub-section (4A) of the Act. Since there is no such finding we are of the view that the matter must be remitted to the assessing authority
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