Judgment G. C. Bharuka, S. K. Chattopadhyaya and JJ JJ. 1. This reference under Sec.256 (1) of the Income Tax Act, 1961 involves the following question of law :- "whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the income of assessee was exempt under Sec.10 (22) of the Income Tax Act, 1961 ". 2. Shri Vidyarthi, learned counsel for the department fairly concedes that the question involved is fully covered by the decision of this Court in the case of Commissioner of Income Tax V/s. St. Xaviers, reported in 184 itr 282. 3. Following the said decision of this Court, we answer the question, referred to us, in affirmative i. e. , in favour of the assessee. There will be no order as to costs. 4. Let a copy of this judgment be communicated to the Assistant registrar, Income Tax Appellate Tribunal, Patna Bench, Patna, in terms of Sec.260 of the Income Tax Act, 1961 . Tax reference answered in affirmative in favour of assessee.