Rc/128/1997 Of Income Tax Appellate Tribunal v. A.p.s.c.s.corp Ltd Hyderabad

THE HON'BLE SMT JUSTICE T.MEENA KUMARI& THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAOREFERRED CASE NO :128 of 1997 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) In this case, under Section 256(1) of the Income Tax Act, 1961, thefollowing question is referred to this Court for opinion: “Whether, on the facts and in the circumstances ofthe case, the ITAT is correct in law in holding that theassessee is a charitable institution within the meaning ofSection 2 (15) of the I.T. Act?” When the matter is taken up, it is submitted by both the Counselthat the above referred question is covered by a judgment of a DivisionBench this Court in R.C.No.59 of 1992, dated 4.3.2003. Following the above judgment, the above referred question isanswered against the revenue and in favour of the assessee. Accordingly, the reference is answered. __________________________ Justice T. Meena Kumari _____________________________ Justice Nooty Ramamohana Rao Date: 8[th] June, 2010 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI& THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO REFERRED CASE NO : 128 of 1997(Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 8/06/2010