Shanti Prime Publication Pvt. Ltd.
Sec. 11 of Income Tax Act, 1961— Exemption — Assessee was a educational trust filed appeals against the order passed by tribunal. That the tribunal rejected the appeal and sustain the denial of the tax exemption claimed under section 11 of the act. though the assessee filed Form-10, it should be considered rectified in view of resolution passed. Tribunal should re-examine the Form No.10 furnished by the Assessee along with the Resolution and additional evidence, which may be produced by the Assessee Trust before the learned Tribunal. Therefore, the court dispose of the present appeals without answering the questions of law as such and request the learned Tribunal to reconsider the said Form No.10 dated 01.09.2008 and the Resolution along with the evidence of the surplus amount having been spent by the Assessee Trust for the purposes of the Trust. With the above observations, the appeals are disposed of. --- CNN EDUCATIONAL TRUST vs. ITO 23 ITCD Online 8 (MAD)