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TMI Blog2014 (11) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... BLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'SMC' (hereinafter referred to as ITAT) dated 10.03.2006 in ITA No. 2610/Ahd/2005 for the Assessment Year 2004-05, the revenue has preferred the present Tax Appeal. 2. This appeal was admitted on 27.06.2007 for consideration of the following substan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c charitable trust, registration should be granted. Being aggrieved and dissatisfied with the impugned order passed by the ITAT, the revenue has preferred the present Tax Appeal for consideration of the aforesaid substantial question of law. 5. Mr. Manish Shah, learned advocate appearing on behalf of the respondent - assessee has submitted that as such the issue involved in the present Tax Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p of fiscal jurisprudence which would illuminate the purpose behind the creation or establishment of the trust for either religious or charitable or both religious and charitable purpose. 5.1 The Supreme Court in the said decision held that the High Court had erred in refusing to interfere with the observations of the Tribunal in respect of the character of the trust. Having said so, the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Bohra Community and thus, would not fall under the provisions of section 13(1)(b) of the Act. In that view of the matter, the Supreme Court held that the respondent-trust was a charitable and religious trust which did not benefit any specific religious community and therefore, it could not be held that section 13(1)(b) of the Act would be attracted to the respondent-trust and thereby, it would b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 13(1)(b) of the Act would be attracted to the respondent-trust and thereby, it would be eligible to claim exemption u/s. 11 of the Act. Even otherwise there are concurrent finding of facts with which we also concur and therefore no elaborate reasons are required. 7. In view of the above, the present Tax Appeal is held in favour of the assessee and consequently, the impugned judgment and o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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