SIDDARAMANNA CHARITIES TRUST Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The Income -tax Appellate Tribunal, Bangalore Bench, has stated a case and referred the following question of law said to arise out of its order under Section 256(1) of the Income -tax Act, 1961 (hereinafter called 'the Act'). 'Whether it has been rightly held that the sum of Rs. 25,000 contributed on October 1, 1963, towards the establishment of a college of engineering does not qualify for exemption conferred by Section 11(1)(a) ?'

(2.) IN our opinion, The question has not been properly framed and it should be recast thus : 'Whether, on the facts arid circumstances of the case, the sum of Rs. 25,000 contributed by the assessee on October I, 1963, towards the establishment of a college of engineering shall be included in the total income of the previous year of the assessee ?'

(3.) ON October 1, 1963, the very first day of the commencement of the accounting year, the assessee made a donation of a sum of Rs. 25,000 to the College of Engineering, Tumkur.