COMMISSIONER OF INCOME TAX, JALANDHAR II, JALANDHAR Vs. SADHU SINGH HAMDARD TRUST, NEHRU GARDEN ROAD, JALANDHAR

JUDGEMENT

(1.) This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 13.6.2011, Annexure A.3 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar in ITA No.344(ASR)/2010 for the assessment year 2007-08 claiming following substantial question of law:-

(2.) A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The assessee filed its return of income for the assessment year 2007-08 declaring nil income after claiming exemption under Section 11 of the Act. The assessment was completed by the Assessing Officer under Section 143(3) of the Act on 8.12.2009, Annexure A.1 at a total income of Rs. 2,87,32,760/- claimed as deduction under Section 11 of the Act by the assessee. Aggrieved by the order, the assessee filed appeal before the Commissioner of Income Tax (Appeals) Jalandhar [CIT(A)]. Vide order dated 28.5.2010, Annexure A.2, the CIT(A) allowed the appeal. The department went in appeal before the Tribunal. Vide order dated 13.6.2011, Annexure A.3, the Tribunal dismissed the appeal holding that the assessee is entitled to exemption under Section 11 of the Act, relying upon its own order in the assessee's case for the assessments years 1993-94 to 1995-96 in ITA No.184 to 186 (ASR)/2001.

(3.) We have heard learned counsel for the appellant-revenue.