Judgment:

Dr. Arijit Pasayat, J.

1. Challenge in these appeals in each case is to the order passed by a Division Bench of the Allahabad High Court answering the reference made by the Income Tax Appellate Tribunal, Allahabad Bench (in short the ‘ITAT) under Section 256(1) of the Income Tax Act, 1961 (in short the ‘Act) in favour of the assessee and against the revenue. For answering the references in favour of the assessee the High Court relied upon its judgment for two previous assessment years i.e. 197273 and 1973-74 in the assessees case which is reported in Commissioner of Income Tax v. J.K. Charitable Trust (1992 (196) IIR 31). The present dispute relates to several assessment years, i.e. 1972-73 (in respect of an assessment re done under Section 147(1) of the Act) and assessment years 1975-76 to 1982-83.

2. Learned counsel for the revenue appellant submitted that each assessment year is a separate assessment unit and the factual scenario has to be seen. Dispute relates to the question whether the respondent, assessees trust was hit by the provisions of Section 13(1)(c) and 13(2)(a)(f) & (h) of the Act and therefore cannot be given the benefit of exemption provided under Section