COMMISSIONER OF INCOME-TAX vs. SARABHAI FOUNDATION
What did the High Court hold?
The Gujarat High Court answered both referred questions in the affirmative, in favour of the assessee and against the revenue. The Court noted that the issue was concluded by its own previous decisions in CIT vs. Insaniat Trust (173 ITR 248) and CIT vs. Ambalal Sarabhai Trust No.30 (Income Tax Reference No.301 of 1985, decided on 5th March 1998). It was common ground between both sides that these precedents covered the issue. Therefore, following these decisions, the Court held that the ITAT was correct in its findings. The operative direction was to answer the questions in favour of the assessee, disposing of the reference accordingly without any order as to costs.
What were the facts?
The Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench 'B', referred two questions to the Gujarat High Court at the instance of the revenue. The revenue's case was that the assessee was not entitled to exemption under Section 11 of the Income Tax Act, 1961, due to the provisions of Section 13(2)(h). The Commissioner of Income Tax (Appeals) had held that Section 13(2)(h) was not attracted, and the ITAT confirmed this appellate order. The matter came before the High Court as an Income Tax Reference No. 96 of 1991.
What were the issues?
The Tribunal had to decide the following questions of law: 1. Whether the Tribunal erred in law and on facts in holding that the Income Tax Officer (ITO) was not justified in invoking the provisions of Section 13(2)(h) of the Income Tax Act, 1961. 2. Whether the Tribunal erred in law and on facts in allowing the exemption under Section 11 of the Income Tax Act, 1961, to the assessee. Arguments: Assessee: The assessee contended that Section 13(2)(h) was not attracted, and therefore, the exemption under Section 11 was rightly allowed. This position was confirmed by the CIT(A) and the ITAT. Revenue: The revenue argued that by virtue of Section 13(2)(h), the assessee was not entitled to exemption under Section 11. They sought to invoke this provision to deny the exemption.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
appellate order.
We have heard Mr. Akil Kureshi learned counsel zgs/-
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