2006 (7) TMI 96

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..... No. 234 of 1995 - - - Dated:- 31-7-2006 - JUDGMENT The judgment of the court was delivered by R. S. GARG J.— Mrs. Mona Bhatt, learned counsel for the Revenue and Mr. R. K. Patel, learned counsel for the assessee. 2 At the instance of the Revenue, the Tribunal has referred the following questions for our opinion "(1) Whether, the Appellate Tribunal is right in law and on facts in hold .....

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..... uations. She submits that, according to section 13(1)(b), exemption would not be available in the case of a trust for charitable purposes or a charitable institution created or established after the commencement of the Act, any income thereof if the trust or institution is created or established for the benefit of any particular religious community or caste. Referring to a Division Bench judgment .....

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..... the exemption clause and would be included in exceptions. 4 Shri Patel, learned counsel for the respondent-assessee, on the other hand, placed reliance upon yet another judgment of this court in the matter of CIT v. Barkate Saifiyah Society [1995] 213 ITR 492 and submitted that exclusion from exemption under section 13(1) (b) applies only to charitable trusts and charitable institutions an .....

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