TMI Blog2013 (3) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... the present reference on the same terms and conditions answered i.e. in favour of the Revenue, and the matter is sent back to the Assessing Officer to make fresh assessment in accordance with law after ignoring rectification made in the trust deed. - Income Tax Reference No. - 19 of 1996 - - - Dated:- 14-2-2013 - Prakash Krishna And Ram Surat Ram (Maurya),JJ. Petitioner Counsel :- B. Aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of 1989 CIT Vs. Shervani Sugar Sindicate Ltd., Income Tax Reference No. 150 of 1989 CIT Vs. Shri MZ Khan,Income Tax Reference Nos. 130 of 1989 CIT Vs. Shri Salim Iqbal Sherwani, Income Tax Reference Nos. 97 of 1990 CIT Vs. Shri MZ Khan and Income Tax Reference Nos. 93 of 1990 CIT Vs. M/s. Sherwani Charitable Trust. These references were related to in respect of various assessment years from 1974 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court had in Sherwani Charitable Trust v. Commissioner of Income Tax, U.P. (ITR No.340 of 1963) decided on July 6th, 1967, considering Clause 2 A, 2 B of the trust deed as amended by resolutions passed by Board of Trustees dated 17.5.1956 held that these clauses providing for expenditure for the members of the family and relatives for maintenance give discretion to the trustees, were not for chari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 13 of the Income Tax Act have not been considered.Further, in Wealth Tax Reference No.95 of 1990; the Commissioner of Wealth Tax of ( C ) Kanpur Vs. M/s Shervani Charitable Trust, Allahabad decided on 7.12.2012, identical view has been taken. Respectfully following the above decision inter-se party we answer the present reference on the same terms and conditions. As those references have be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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