2019 (12) TMI 579

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..... & 335 (Coch)/1998, arising out of the decision in I.T. Appeal Nos.730, 731, 261 & 262 (Coch)/1994. The assessee is common in all these cases and the assessments are with respect to the years 1986-1987, 1988- 1989, 1990-1991 and 1991-1992. The questions of law upon which the references were made are common, which is extracted below; "1. Whether, on the facts and in the circumstances of the case and in view of sub-section (4A) of Section 11, the assessee is entitled to exemption u/s.11 of the Income-tax Act? 2. Whether, on the facts and in the circumstances of the case, the assessee is right in law and fact in holding that the assessee is a religious and charitable institution and carried on kuri business for utilizing the income there .....

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..... tion 11 (4A) has introduced certain conditions in the matter of application of sub-sections (1), (2) (3) & (3A) of Section 11. The apex court observed that, the Tribunal had not applied its mind to those conditions; nor the High Court had given due considerations to those aspects. Therefore inorder to decide whether the assessee is entitled to the benefit of the exemption under Section 11, it is necessary for the Tribunal to determine whether it satisfy the requirement of Section 11 (4A). 3. Learned counsel appearing for the respondent had pointed out that, pursuant to the remand made by the hon'ble Supreme Court in the matter of Dharmodayam Co., the Income Tax Appellate Tribunal, Cochin Bench had reconsidered the matter and allowed t .....

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..... f Dharmodayam Co. the Tribunal had ultimately found the issue in favour of the assessee therein. But question as to whether a similar situation prevails in the instant case which would satisfy the different conditions stipulated under sub-section (4A), is a matter which requires examination. Since some of the reference cases are of the year 2005, we do not think it appropriate to dismiss them on the basis of the litigation policy of the Government. Instead we leave it open to the respondent to take up such contention before the Tribunal, at the time when the matter is considered afresh. 7. Under the above mentioned circumstances, instead of specifically answering question of law referred, we think it only appropriate to remit the income t .....

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