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2019 (7) TMI 1510 - AT - Income TaxDisallowance of exemption u/s 10(26) - income earned by two scheduled tribe persons jointly from a source situated in specified Tribal Area - HELD THAT:- If one goes through the Chapter on Exemption, it is seen that some for the clauses are meant for individuals, some for non-residents, some for companies, some for local authorities and so forth. If the contention of the assessee is accepted, incomes of even Companies and Trusts formed and owned exclusively by tribals who are residing in scheduled areas will be exempt from payment of tax. This will overstretch the exemption provision of the Act, which in my considered view, is not in consonance with the recent ruling of Hon’ble Apex Court in the case of Dilip Kuamr and Co [2018 (7) TMI 1826 - SUPREME COURT] . In view of assessee’s pleadings and Revenue’s contentions against and in support of the impugned disallowance of exemption u/s 10(26). It is clear from the CIT(A)’ above extracted findings that he has considered at length all the relevant facts as well as settled legal proposition as per various hon’ble judicial forums at length that the impugned relief cannot be granted in such a case involving a “tribe”. We see no reason to interfere with the order of CIT(A) therefore. - Decided against assessee.
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