( 1 ) THE Income Tax Appellate Tribunal, Ahmedabad bench "c", Ahmedabad has referred the following question of law under Section 256 (1) of the Income Tax Act, 1961 (the Act) for the opinion of this Court at the instance of the Commissioner of Income Tax, Rajkot. "whether under the facts and circumstances of the assessees case, the Tribunal was right in holding that in the absence of any specific time limit prescribed u/s 11 (2) of the I. T. Act, 1961 for submission of the notice in the prescribed manner to the assessing authority, and in the absence of any express or by clearly implied delegation to the rule making authority of any power to impose any time limit, such time limit prescribed in Rule 17 for submission of Form No. 10 by the rule making authority is invalid and whether the Tribunal was right in holding that the appellant trust has complied with all the conditions prescribed in section 11 (2) and is entitled to benefits allowable under the aforesaid provisions?"

( 2 ) THE assessee is a charitable trust, registered under the provisions of the Bombay Public Trusts Act, 1950. The assessment year is 1980-81 and the relevant accounting year is 31st March 1980. During the year under consideration, the assessee received voluntary contributions amounting to Rs. 2,04,468=00. The said donations were treated as "income" within the meaning of section 2 (24) (iia) of the Act by the assessing officer. The assessee contended that the donations of rs. 1,74,432=00 and Rs. 9,036=00 included in the aforesaid total amount of donations were towards the corpus of the trust and in support of the said contention, confirmation letters from two donors were submitted. The assessing officer did not accept this submission and after granting permissible accumulation of 25%, held the balance amount of Rs. 1,53,351=00 as liable to tax in hands of the assessee. The Commissioner (Appeals) vide his order dated 20th March 1987 confirmed the assessment order and dismissed the appeal filed by the assessee.

( 3 ) THE assessee preferred second appeal before the income Tax Appellate Tribunal, and during the pendency of the appeal, moved an application before the C. I. T. , rajkot on 5th October 1989, accompanied by Form No. 10 and a copy of resolution passed by the trustees on 22nd august 1988, to the effect that the donations may be treated as general donations and the assessee be permitted to accumulate the trust income under Section 11 (2) by condoning the delay in filing the Form No. 10. The resolution passed by the trustees on 22nd August 1988 stated that a total sum of Rs. 5,09,000=00 had been set apart by the assessee trust for purchasing land and constructing an orphanage on the said land. A sum of rs. 1,54,000=00 was required to be utilised for the aforesaid purpose on or before 31st March 1990. The c. I. T. rejected the assessees application on 28th february 1990. The assessee challenged the said order of c. I. T. before this High Court by way of a writ petition and by order dated 30th April 1990, this Court directed the Commissioner to re-consider the matter about condonation of delay in light of circular dated 3rd June 1980. However, the C. I. T. vide order dated 24th July 1990 once again rejected the petition filed by the assessee.

( 4 ) THE assessee thereupon filed additional ground of appeal before the Tribunal. The said additional ground reads as under :"the trust is not taxable in view of resolution of accumulation and the notice thereof to I. T. O. under Section 11 (2 ). "the Tribunal admitted the additional ground and after hearing both the sides, held that, in absence of any specific time limit prescribed under Section 11 (2) for submission of the notice as prescribed, and in absence of any express or clear implication of any delegation to the rule making authority of any power to impose any time limit, such limit prescribed in Rule 17 for submission of Form No. 10 by the rule making authority was invalid and also contra