COMMISSIONER OF INCOME TAX Vs. ADARSH GRAM TRUST

JUDGEMENT

(1.) Heard learned counsel for the parties. The following question of law has been referred to this Court for its opinion by the Income -tax Appellate Tribunal, Jaipur Bench, Jaipur :

(2.) THIS reference is squarely covered by the decision of this Court in D.B. Income -tax Reference No. 22 of 1974 -Addl. CIT, Rajasthan, Jaipur v. M/s. Adarsh Gram Trust, Sirohi decided on 4 -12 -1984. It was found in that case relying on the D.B. Civil Wealth -tax No. 53 of 1972 - CWT, Rajasthan, Jaipur v. M/s. Adarsh Gram Trust, Sirohi (1985) 45 CTR (Raj) 251 that the assessee Trust is a public charitable trust, whose income is exempt from payment of tax under s. 11(1)(a) of the IT Act, 1961. Reference was answered in the affirmative and in favour of the assessee and against the Revenue. That matter pertained to the asst. yr. 1971 -72. The present reference is in respect to the assessment yr. 1976 -77. As the question already stands answered by this Court and is squarely covered by the aforesaid reference.

(3.) THE parties shall bear their own costs of this proceedings. Compliance of the order shall be made in accordance with s. 260(1) of the IT Act.