High CourtsDivision Bench(1992) 09 AHC CK 0075

Commissioner of Income Tax vs Radhaswami Satsang (No. 2)

Allahabad High Court · Decided on 4 September 1992 · Citation: (1993) 201 ITR 493

HON’BLE JUDGES
R.K. Gulati, J · Om Parkash, J
CASE NUMBER
Income Tax R. No. 211 of 1980

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Judgment

4 paragraphs · 223 words
1.

At the instance of the Revenue, the Appellate Tribunal has referred the following question relating to the assessment years 1973-74, 1974-75 and 1975-76 for the opinion of this court :

"Whether, on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was correct in law in holding that the income derived by the Radhaswami Satsang, a religious institution, is entitled to exemption under Sections 11 and 12 of the Income Tax Act, 1961 ?"

2.

The matters relating to the subsequent years of this very assessee-trust have come up before us today in I. T. R. No. 127 of 1980 Commissioner of Income Tax Vs. Radha Swami Satsang (No. 1), , raising one similar question amongst others, which has been answered by us in the affirmative, that is, in favour of the assessee and against the Revenue, holding that the assessee-trust is entitled to exemption under Sections 11 and 12 of the Act.

3.

The instant reference has been made by the Appellate Tribunal in the case of the assessee-trust for the preceding years at the instance of the Revenue. Following our order passed in regard to the subsequent years of the assessee-trust, we answer the aforementioned question in the affirmative, that is, in favour of the assessee and against the Revenue. No order as to costs.