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1973 (7) TMI 26 - HC - Income Tax" (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the sums of Rs. 2,90,220 and Rs. 3,63,750 were not assessable as income of the assessee for the assessment years 1960-61 and 1961-62 ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law and had material for holding that the sums of Rs. 2,90,220 and Rs.3,63,750 are exempt from taxation under section 4(3)(vii) of the Indian Income-tax Act, 1922, for the assessment years 1960-61 and 1961-62, respectively ? " - the circumstances pointed out that the donors were interested in the assessee continuing to exercise his vocation. There is nothing personal in that. We, therefore, hold that these receipts arose from the exercise of an occupation by the assessee, excluded from the ambit of section 4(3)(vii). The two questions referred to us have, therefore, to be answered in the negative, that is, in favour of the department and against the assessee
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