Law:

Section:

Section 11 of the Income-tax Act, 1961 (Corresponding to section 4(3)(ii) of the Indian Income-tax Act, 1922) - Charitable or religious trust - Exemption of income from property held under - Assessment years 1953-54 and 1957-58 to 1959-60 - In respect of offerings made at feet of assessee-Satguru who was religious head of a spirtual sect, ITO taxed entire receipt in assessee's hands - Tribunal found that assessee had disclaimed interest in those offerings; that offerings belonged to registered institution of which he was head, that receipt issued for offerings mentioned same as received for institution and not for assessee's personal use; that separate accounts maintained for offering and donations did not throw any light as to person to whom property in said amount belonged; and that ultimate destination of these offerings was institution - It accordingly held that since exemption had been granted in respect of donations made to institution under section 4(3)(ii) of 1922 Act same considerations should apply in case of these offerings - Whether court cannot set aside Tribunal's finding of fact if there is some evidence to support that finding even though court itself might have come to a different conclusion upon evidence - Held, yes - Whether facts noted by Tribunal were no other than facts found by it on record and Tribunal being fact finding authority, it was not permissible for High Court to ignore its findings of fact and to examine fact as found by ITO and AAC with object of setting aside Tribunal's decision - Held, yes - Whether, therefore, offerings had to be treated as income of institution exempt under section 4(3) of 1922 Act - Held, yes FACTS The assessee was the religious head of a spiritual sect called 'Nirankari'. There was also a registered body known as Sant Nirankari Mandal and funds were collected from the followers of this faith for propagating the cult and for some other charitable objects. Apart from the donations received by the institutions which had been held to be exempt from income-tax, the followers offered monetary gifts at the feet of the Satguru, i.e. assessee. Separate accounts were maintained in respect of such offerings and now…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492