( 1 ) THE Income-tax Appellate Tribunal, " A Bench ", Allahabad, has referred the following questions for the opinion of this court: At the instance of the department:

" (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee held property under trust within the meaning of Section 11 (1) (b) of the income-tax Act, 1961, and, if so, whether the assessee was entitled to exemption under Section 11 (1) (b) of the Act in respect of amounts actually spent on charities as mentioned in its order ?"

At the instance of the assessee:" (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income of the assessee-association was not exempt under Section 11 (1) (a) ? (ii) Whether, on the facts and in the circumstances of the case, holding of agricultural and industrial exhibitions and cattle fair involved an activity for profit within the meaning of Section 2 (15) of the Act ?"

( 2 ) THIS reference had come up before us for hearing on an earlier occasion and answer was given to the question, referred at the instance of the department. The questions referred at the inst