Law:

Section:

Section 11, read with section 260A, of the Income-tax Act, 1961 - Charitable or religious trust - Exemption of income from property held under - Assessment year 1990-91 - Assessee's claim for exemption was disallowed on solitary ground that audit report under section 12AB was not furnished along with return - Revenue could not deny findings recorded by Commissioner (Appeals) and affirmed by Tribunal, with regard to existence of audit report and its production before Commissioner (Appeals) - Whether since findings were pure findings of fact and no question of law arose out of order of Tribunal, appeal by revenue under section 260A was liable to be dismissed - Held, yes R.D. Jolly and Ms. Rashmi Chopra for the Appellant. JUDGMENT D.K. Jain, J. - CM 59 of 2002 1. Allowed subject to just exceptions. IT Appeal No. 139 of 2002 2. This is an appeal under section 260A of the Income-tax Act, 1961 ('the Act') arising out of the order of the Tribunal dated 31-10-2001 in IT Appeal No. 1243 (Delhi) of 1995, pertaining to the assessment year 1990-91. 3. Briefly stated facts giving rise to the present appeal are : While completing assessment for the relevant assessment year, the Assessing Officer disallowed exemption to the assessee under section 11 of the Act on solitary ground that audit report under section 12AB of the Act was not furnished along with the return. The assessment was also completed under section 144 of the Act. 4. Aggrieved by the said action of the Assessing Officer, the assessee-trust preferred an appeal to the Commissioner (Appeals). While holding that the assessee was entitled to exemption under section 11, the Commissioner (Appeals) accepted the stand of the assessee that a detailed audit report dated 4-2-1991 was in fact submitted. It is also recorded that on being asked, a copy of the said audit report was produced before the Commissioner (Appeals). Despite the said categorical finding of the Commissioner (Appeals), for the reasons best known to the revenue, it took the matter in appeal to the Tribunal. As expected,…

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