- (1.) ON an application under S. 27(1) of the WT Act, the Tribunal has referred the following questions for the opinion of this Court. "Whether, on the facts and circumstances of the case, the Tribunal was justified in upholding the decision of the AAC that the assessee is a public charitable and religious trust and its properties are entitled to exemption under S. 5(1)(i) of WT Act ?"
(2.) AT the outset learned counsel for the assessee submits that identical issue has been considered by this Court in the case of this very assessee that assessee is a public charitable and religious trust, therefore, is entitled for exemption under S. 5(1)(i) of the WT Act. Decision of this Court has been reported in CWT vs. Paramhans Ashram Trust (1995) 216 ITR 580 (Raj) : TC 65R.837. When the view has been taken by this Court in the case of this very assessee on identical question that assessee is a public charitable and religious trust, no distinguishing facts are also brought to our notice to deviate from the view taken by this Court in the case of this very assessee in the earlier assessment years. Following the view taken by this Court in the case of this very assessee, we find no infirmity in the order of the Tribunal. In the result, we answer the question in affirmative i.e. in favour of the assessee and against the Revenue.;