1999 (9) TMI 70

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... on under section 26(1) of the Gift-tax Act, 1958 (in short "the Act"), the Income-tax Appellate Tribunal, Cochin Bench (in short "the Tribunal"), has referred the following question for adjudication: "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitled to exemption under sections 5(1)(v) and 5(1)(va) of the Gift-tax Ac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 5(1)(v)/(va). Certain documents were filed in support of the stand that an application had been filed for registration under section 12A(a) before the Commissioner of Income-tax, Trivandrum. The Assessing Officer did not accept the claim of exemption. In appeal, the Commissioner of Income-tax (Appeals) (in short "the CIT (A)") held that the donee was an institution covered under section 11 of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ord to show that the application was rejected. That being the position, the Commissioner of Income-tax (Appeals) and the Tribunal were justified in their conclusions. Section 5(1)(v) of the Act contemplates exemption to any institution established or deemed to be established for a charitable purpose to which the provisions of section 80G of the Income-tax Act apply. Sub-section (1)(va)(i) contem .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X