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TMI Blog2021 (4) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent : Mr. M. Kaushik JUDGMENT M. DURAISWAMY, J. Challenging the order passed in I.T.A.No.400/Mds/2013 in respect of the Assessment Year 2009-2010 on the file of the Income Tax Appellate Tribunal, Chennai,"D" Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The above appeal was admitted on the following substantial questions of law: " (i) Whether in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een allowed as as application of income towards objects of the trust?" 3. .When the appeal is e taken up for hearing, Mr.J.Narayanasamy, learned Senior Standing Counsel appearing for the appellant-revenue fairly submitted that the substantial questions of law raised in the above appeal are covered against the revenue by a decision of this Bench dated 17.03.2021 made in T.C.A.Nos.405 & 406 of 2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e substantial questions of law which has been framed in these appeals, have been answered against the Revenue by the Hon'ble Supreme Court in CIT Vs. Rajasthan and Gujarati Charitable Foundation reported in [2018] 402 ITR 441 (SC). Further, the learned Senior Standing Counsel submitted that following the judgment of the Hon'ble Supreme Court, this Bench, by its judgment dated 26.02.2021 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. No costs. 4.Mr. M. Kaushik, learned counsel appearing for the respondent submitted that in view of the Judgment dated 17.03.2021 made in T.C.A.Nos.405 & 406 of 2011, the questions of law may be decided against the revenue and the appeal may be dismissed. 5. In view of the submissions made by the learned counsel on either side, following the ratio laid down in T.C.A.Nos.405 & 406 of 2011 , th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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