LAWS(RAJ)-1984-4-27

SUKHDEO CHARITY ESTATE Vs. COMMISSIONER OF INCOME TAX

Decided On April 16, 1984
SUKHDEO CHARITY ESTATE Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Jaipur Bench, at the instance of M/s. Sukhdeo Charity Trust, Ladnu (hereinafter to be referred as "the assessee-trust"), has referred the following question to this court under Section 256(1) of the I.T. Act, 1961 (hereinafter to be referred as the "Act of 1961"):

(2.) THE facts of the case relevant for the purpose of answering the question under reference are as under :

(3.) THE ITO was not satisfied by the return submitted by the assessee-trust. He was of the opinion that the contribution received from the charitable or religious institutions should be; deemed to be income derived from property irrespective of the fact whether the amount received from the other trust was spent or remained unspent. THE ITO in terms of Section 12(2) of the Act of 1961, applicable in the case, held that the amount of Rs. 1,00,000 shall be treated as income of the assessee-trust and be taxed accordingly. Penalty notice was also issued for delay in filing the return as also for furnishing inaccurate particulars of income and concealment thereof.