9911796707
TMI Blog1985 (10) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... . Shri Sudersah Kapoor, the ld. counsel of the assessee, submitted that right from the asst. yrs. 1971-72, to asst. yr. 1976-77 be the income of the assessee trust has been held to exempt and then same is the position of the asst. yr. 1978-79 to 1982-83. It was pointed out that so far as the asst. yr. 1978-79 to 1982-83 are concerned, the ITO's themselves granted exemption to the trust income. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was contended that the Revenue has thought it fit to refuse exemptions now only for the asst. yrs. 1977-78, which is an anomalous situation and betrays inconsistency on its part. The Departmental Representative, on the other hand, submitted that the ITO had adopted a different approach for refusing exemption in the year under appeal and referred to the distinguishing features, when confronted wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITOs, namely, S/Shri N. D. Wariah, Davindar Nath and O. P. Malhotra. He Submitted that the Department should adopt a consistent approach and not pick out one assessment year for an opposite kind of approach. 3. Having heard the parties on this issue and aftger pressing the papers placed before us, we are satisfied that it will be futile to go into the second distinguishing feature brought out by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed incongruous to hold that even though on the same facts the trust income is exempt for the successive asst. yr. 1978-79 to 1982-83 and in the proceedings asst. yr. 1978-79 to 1982-83 and in the preceding asst. yrs. 1971-72 to 1976-77, it is not so for the asst. yr. 1977-78. To encourage discussion and litigation on such issues will only mean avoidable harassment to an assessee and to allow the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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