TMI Blog2012 (6) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... s right in law and on facts in holding that the assessee trust is entitled for exemption u/s.11 of the I.T. Act? (2) Whether the Appellate Tribunal is right in law and on facts in holding that the activities of the assessee trust is not attracted by the provisions of section 13(1)(a) and 13(1)(b) of the I.T. Act, 1961? 2. We have heard learned advocate Mrs. Mauna Bhatt for the appellant. We have gone through the relevant material and considered the impugned order of the Tribunal. 3. The issue relates to the claim of exemption by the assessee under Section 11 of the Income Tax Act, 1961 (`the Act' for sake of brevity). The assessee is a Jain Derasar Trust registered under the Bombay Public Trust Act, 1950. Its return of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of the Tribunal in respect of assessment year 2004-05 and 2005-06 were produced in the rectification proceedings. 4. The CIT(A) allowed the rectification application in which he relied on the observations of the Income Tax Appellate Tribunal recorded in its order related to previous assessment year. Those observations are reproduced herein below:- In the present case at hand, the learned CIT(A) in his order vide paragraph 7.6 pertaining to the Assessment Year 2004-05 has observed that in the assessee's case apart from the religious activities i.e. propagation of Jain Philosophy and Ideology, the trust is also engaged in spreading religious and dharmik knowledge and providing amenities and facilities to the Pilgrims and renov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust and consequentially the exemption under section 11 of the Act was made available to it. In respect of the assessment year 2007-08 under consideration, the facts remained the same and there was no factor or circumstance shown to dislodge the character of the assess as public charitable trust which was accepted by the authorities themselves in the past years. There was no reason therefore to deny the assessee the benefit of exemption by invoking the provisions of Section 13(1)(a) and 13(1)(b) of the Act. 6.1 In Radhasoami Satsang v. CIT (SC) [193 ITR 321 (SC)] the Supreme Court observed that the principle of res judicata does not apply to income tax proceedings. However, it was further observed: ...where a fundamental aspect perme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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