K.S.JHAVERI,J. - (1.) Since these appeals arise out of the same order, they are being decided by this common order.
(2.) By way of these appeals, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal of the assessee.
(3.) This court while admitting the Income Tax Appeal No. 60/2015 on 06.08.2015, framed the following substantial questions of law:- I) Whether on the facts and in the circumstances of the case the learned ITAT was correct in holding that the tax at margin rate as per the provisions of Section 164(2) is to be levied on the income earned from non-exempt asset? II) Whether on the facts and circumstances of the case more holding of ineligible assets is sufficient to attract the provisions of Section 13 (1)(d)(iii) of the Act and it is immaterial whether funds of the trust were used or not?";