Sr. So. Orders IN THE HIGH CCIURT OF DELHT AT NEW DELIIT mA 15/2003 JAINA CHARITABLE TRUST Throiigh btr I laish Mairh,:t'a ..... Aooellant versus COMMISSIONER OF INCOME TAX ..... Respondent Through hirR.D. Jolly w'it\,lvlr Rajiv Awasthi C\)RAM: HON'BLE ftIR JUSTICE T.S. TIIAKUR HON'BLE MR JUSTTCE BADAR DURREZ AHMED ORDE R. fo 08.09.2005 We have heard learned counsel for the parties at some length and pcrused the orders under appeal. TheTribunal has, on app,reciation of the available material and the circumstances of the case. recorrded a clear finding of fact to the effect that the trust hai sold its proPerty ompnising three flats in a rnulti-storey building to one of its own tuste€s and ttrereby benefited the said tnrstee. Such a transfer was in violation of the provisions of Sestion 13 (1) (c) and Section 11 of the Income-Tax Act. 1961. The Tribunal has. on that basis, reversed the order passed b_y the Commissioner of Income-Tax and upheld ttre orrder passed by the Assessing Officer denying the benefit of exempiion u/s 11 to the assessee- ITA 15/2003 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Sr. $o. Orders 2. There is. in our view. no error or penrersity in Tribunal. nor does aoy substantial question of law consideration in the present appeal. Disrnissed- '09,2005 the finding recorded by the otherwise arises for our IIAKUR".I ---tFfv--7'- AR DURREZ AIIMED..I A 15/2003