(1.) The revenue has come up on appeal against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 7.6.2005 passed in I.T.A. No. 2318 /Mds/2004 in respect of the assessment year 1996-97 by formulating the following substantial questions of law:
(2.) The facts of the case are as follows:
(3.) The learned Counsel appearing for the appellant as well as the Counsel for the respondent submits that the issue involved in this appeal is covered by the decision of this Court in the case of Estate of Kadapakam Charities v. The Asst. Director of Income Tax (Exemptions) II, Chennai 34 T.C.(A) No. 281 of 2004 dated 15.12.2008,wherein it was observed as follows: