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2002 (7) TMI 34 - HC - Income Tax"Whether the Appellate Tribunal is right in law and on facts in holding that donation received by the assessee-trust of Rs. 1,85,064 which was not utilised for the object of the trust, was not income of the trust?" - in the present reference the assessee is claiming the benefit of section 11 on the ground that the contribution received by the assessee-trust was towards a specific purpose for construction of wadi and hence, it would not be treated as the income of the trust. - In the above view of the matter, we are of the view that the Tribunal his not committed any error in holding that the donation received by the assessee-trust of Rs. 1,85,064 which was not utilised for the object of the trust was not income of the trust. We, therefore, answer the question referred to us in the affirmative, i.e., in favour of the assessee and against the Revenue.
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