1997 (12) TMI 58

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..... estion of law is referred by the Income-tax Appellate Tribunal under section 256(1) of the Income-tax Act, 1961, for our consideration : "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee is entitled to exemption under section 10(13A) of the Income-tax Act ?" The assessee has been served on May 18, 1992, and there is no repres .....

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..... C. Mittal [1980] 121 ITR 503 accepted the claim of the assessee and held that the assessee was entitled to exemption. The Tribunal on appeal by the Revenue, following the decision of the Punjab and Haryana High Court, cited supra, held that the assessee is entitled to the deduction under section 10(13A) of the Income-tax Act. The decision of the Tribunal was rendered on December 17, 1983. An Expla .....

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..... nt, the assessee is not entitled to claim the exemption provided under section 10(13A) of the Act. In this connection it is relevant to notice that the Explanation introduced to section 10(13A) of the Act has neutralised the effect of the decision of the Punjab and Haryana High Court in Justice S. C. Mittal's case [1980] 121 ITR 503. That apart, the decision of the Punjab and Haryana High Court h .....

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