AGAPPA CHILD CENTRE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Cochin Bench, by the order of reference expects our answer to the following three questions :

(2.) THE assessee is a public charitable trust on the basis of the declaration of the trust by the deed dated July 25, 1979. THE assessment year is 1980-81 and in regard thereto, the assessee-trust has been held not to be entitled to the protection of Section 11 of the Income-tax Act, 1961. This is because, if the provisions of Section 13(2)(b) and Section 13(3) of the Income-tax Act, 1961, are applied, it is enacted, that Section 11 of the Act would not apply in cases considered thereunder.

(3.) THE factual matrix would take us to consider the limits of governance and effect of the provisions of Section 13(2)(b) read with Section 13(3) of the Income-tax Act, 1961.