TMI Blog2002 (7) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... 961?" - we answer the question referred to us partly in the negative and partly in the affirmative. However, it is in favour of the assessee and against the Revenue. - - - - - Dated:- 3-7-2002 - Judge(s) : M. S. SHAH., K. A. PUJ. JUDGMENT The judgment of the court was delivered by K. A. Puj J.-At the instance of the Revenue, the following question of law is referred to this court for it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee's case. He further held that the default if at all in filing the audit report was a "technical lapse". He, therefore, held that the Income-tax Officer was not justified in denying the benefit of exemption under section 11 of the Act. Being aggrieved by the order of the Appellate Assistant Commissioner, the Revenue came up in appeal before the Tribunal. At the time of hearing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he view that the provisions of section 13(2)(h) of the Act were not applicable and the assessee was, therefore, entitled to exemption under section 11 of the Act. The said issue was taken by the Revenue in reference before this court and while deciding the said reference this court has referred to and relied on its earlier decision in the case of CIT v. Insaniyat Trust [1988] 173 ITR 248, wherein, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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