THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO REFERRED 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, the following question is referred to this Court for opinion: “Whether, on the facts and in the circumstances of the case, the ITAT is correct in law in holding that the assessee is a charitable institution within the meaning of Section 2 (15) of the I.T. Act?” When the matter is taken up, it is submitted by both the Counsel that the above referred question is covered by a judgment of a Division Bench this Court in R.C.No.59 of 1992, dated 4.3.2003. Following the above judgment, the above referred question is answered against the revenue and in favour of the assessee. Accordingly, the reference is answered. __________________________ Justice T. Meena Kumari _____________________________ Justice Nooty Ramamohana Rao Date: 8th 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