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2002 (10) TMI 27 - HC - Income TaxThe assessee's claim that it is only a representative assessee and that as the income is received for the benefit of the Aurobindo Ashram and the Ashram is exempt from tax, no liability will attach to the assessee, was not accepted by the Assessing Officer, the appellate authority and the Tribunal. - "1. Whether, on the facts and in the circumstances of the case, the assessee-trust is not entitled to exemption under section 11 read with section 161(1) of the Income-tax Act, 1961? - 2. Whether, on the facts and in the circumstances of the case, the Tribunal having held that the applicant cannot be treated as a private discretionary trust was right in holding that the benefit of assessment under section 161(1) of the Act is not available in view of the fact that moneys were not handed over in the previous year though entries were made and the amounts were disbursed subsequently over a period?" – Held that assessee, therefore, was entitled to be regarded as a representative assessee and, as such, the beneficiary being the Aurobindo Ashram, which was exempt from tax under section 11, the income which the assessee received for the benefit of the Ashram was also exempt.
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