TMI Blog2012 (12) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 11(4A) read with Section 13(1)(bb) of the Income Tax Act, we have no hesitation in confirming the order of the Tribunal. Even though the Tribunal had not considered the issue as a final fact finding authority, with no disputes raised by the Revenue on the facts and on the facts admitted by the Assessing Officer, decided in favor of assessee. - Tax Case (Appeal) Nos.1566 and 1567 of 2005 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevant previous year, the trustees were stated to have carried on the business and claimed exemption under Section 11 of the Income Tax Act, in respect of the income earned therefrom. The claim for exemption under Section 11 made by the assessee was negatived by the Assessing Officer on the ground that the same was hit by Section 11(4A), that there was no evidence to hold that the business of man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Samyuktha Gowda Saraswatha Sabha (Mad)) and [1995] 213 ITR 639 (Thanthi Trust Vs. Central Board of Direct Taxes), the Tribunal rejected the Revenue's appeal. Aggrieved by the same, the Revenue has preferred this appeal raising the following substantial questions of law: 1. Whether in the facts and circumstances of the case, the Tribunal was right in holding that the assessee trust is eligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the character of trust property. Having held so, the Officer, nevertheless, pointed out that there was no evidence to hold that the business of manufacture and sale of papercaps, carried on by the trust in the name of The National Papercaps Factory, was in the course of the actual carrying on of the primary objects; hence, the Trust was not entitled to claim exemption under Section 11 of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in the decision reported in [1980] 121 ITR 1 (Addl. Commissioner of Income-tax v. Surat Art Silk Cloth Manufacturers Association) and [1997] 225 ITR 1010 (Thiagarajar Charities Vs Additional CIT) and we have distinguished the said case from the decision reported in [2001] 247 ITR 785 (Assistant Commissioner of Income Tax Vs. Thanthi Trust). 6. Even though the Tribunal had not considered the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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