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TMI Blog2016 (8) TMI 1277X X X X Extracts X X X X X X X X Extracts X X X X ..... trust, is eligible for exemption under Section 11 of the Act. Nothing has been shown to us to indicate that appeals therefrom has been filed by the Revenue, one has to proceeds on the basis that the Revenue has accepted the same. Further, no distinguishing features in the subject Assessment Year to that in Assessment Years 1996-97 to 2000-01 has been shown. Therefore, on principle of consistenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trust, would the Respondent-Assessee be entitled to its claim of relief under Section 11 of the Act. No substantial question of law - Income Tax Appeal No. 521 of 2014 - - - Dated:- 20-8-2016 - M. S. Sanklecha And A. K. Menon, JJ. For the Appellant : A. R. Malhotra with N. A. Kazi For the Respondent : -- ORDER This Appeal under Section 260A of the Income Tax Act, 1961 (the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the same Respondent-Assessee, for the Assessment Years 1996-97 to 2000-01 and also for the Assessment Year 2007-08. The impugned order of the Tribunal reproduces an extract from its order for the Assessment Year 2007-08 which, in turn places reliance upon its earlier decision for the Assessment Years 1996-97 to 2000-01 wherein on an identical facts, the Tribunal held that the Respondent-Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeds on the basis that the Revenue has accepted the same. Further, no distinguishing features in the subject Assessment Year to that in Assessment Years 1996-97 to 2000-01 has been shown. Therefore, on principle of consistency and law of precedence, it must equally apply to subject Assessment Year. (iv) In view of the above, as the order for earlier Assessment Years 1996-97 to 2000-01 on identi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o its claim of relief under Section 11 of the Act. (ii) In the above view, question(b) as raised herein, does not arise from the impugned order of the Tribunal. This is so, as there is no finding nor is there any submission on behalf of the Revenue recorded in the impugned order that the Respondent-Assessee had contravened the provision of Sections 13(1)(c), 13(3) 11(4A) of the Act. (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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