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TMI Blog2010 (9) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... to formulate the following substantial question of law for determination and consideration of this Court. The question of law proposed by revenue for both the years is:- "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by CIT (Appeals) in holding that the assessee trust is entitled to exemption under section 11 of the Income Tax Act?" 2. Heard Mrs. Mauna Bhatt, the learned Standing Counsel appearing for the revenue and Mr. S.N. Soparkar, the learned senior counsel appearing with Mrs. Swati Soparkar for the respondent assessee. 3. The brief facts giving rise to the present tax appeals are that the assessment for assessment year 2004-05 was finalised under section 143(3) of the Income Tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nti Verma Jain, the Apex Court has specifically held that the object of the Trust clearly showed that the Trust is meant for propagation of the Jain religion and rendering help to the followers of the Jain religion. Even the medical aid and similar facilities are to be rendered to persons devoted to the Jain religion and to Non-Jains if suffering from ailments but the medical aid could be given to them only if any member of the families managing the trust shows sympathy and is interested in their treatment. The Apex Court, therefore, took the view that the Tribunal was right in its conclusion that the dominant purpose of the trust in the present case was propagation of the Jain religion and to serve its followers and any part of agricultura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion cannot be denied to the trust under section 11 of the Act. Apart from this fact, the learned C.I.T. (Appeals) has discussed this issue at length and observed that the decision of the Apex Court in the case of Commissioner of Income-Tax vs. M.P. Shanti Verma Jain, 231 ITR 787 is quite on different ground and the said decision is not applicable to the facts of the present case. It is further observed that activities of the trust are not restricted to a particular family or particular person or group of people but it is open to all the persons of Jain community as also to the persons visiting Jain temples from the people in general. The C.I.T. has further observed that the nature of expenses incurred by the trust are for the benefit of pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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