TMI Blog2008 (4) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... the objects of trust- since the department did not challenge the correctness of the judgment in the similar matter in another case - revenue appeal is dismissed - Appeal (civil) 4305-4306 of 2002 - -- - Dated:- 4-3-2008 - ASHOK BHAN DALVEER BHANDARI, JJ. JUDGMENT The respondent-assessee claimed exemption under Section 10(23) of the Income-tax Act, 1961 for the Assessment Years 1991-9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Trust restricting benefit to the members of the Club would fall within the purview of the act of "General Public Utility" u/s 2(15) of the Income Tax Act constituting as a section of public and not a Body of Individuals?" (B) Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in law in holding that Registration u/s 12-A was a falt-accompli to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment in the case of Hiralal Bhagwati (supra). On a perusal of the judgment of the Gujarat High Court in the case of Hiralal Bhagwati (supra), we now find that Question No.'B' is also concluded by the said judgment [refer to 1 st para of page 196]. Since the Revenue did not challenge the decision in the said case, the same has attained finality. Question No.'B', therefore, is to meet the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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