2019 (12) TMI 579

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....& 335 (Coch)/1998, arising out of the decision in I.T. Appeal Nos.730, 731, 261 & 262 (Coch)/1994. The assessee is common in all these cases and the assessments are with respect to the years 1986-1987, 1988- 1989, 1990-1991 and 1991-1992. The questions of law upon which the references were made are common, which is extracted below; "1. Whether, on the facts and in the circumstances of the case and in view of sub-section (4A) of Section 11, the assessee is entitled to exemption u/s.11 of the Income-tax Act? 2. Whether, on the facts and in the circumstances of the case, the assessee is right in law and fact in holding that the assessee is a religious and charitable institution and carried on kuri business for utilizing the income theref....

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....ion 11 (4A) has introduced certain conditions in the matter of application of sub-sections (1), (2) (3) & (3A) of Section 11. The apex court observed that, the Tribunal had not applied its mind to those conditions; nor the High Court had given due considerations to those aspects. Therefore inorder to decide whether the assessee is entitled to the benefit of the exemption under Section 11, it is necessary for the Tribunal to determine whether it satisfy the requirement of Section 11 (4A). 3. Learned counsel appearing for the respondent had pointed out that, pursuant to the remand made by the hon'ble Supreme Court in the matter of Dharmodayam Co., the Income Tax Appellate Tribunal, Cochin Bench had reconsidered the matter and allowed th....