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TMI Blog1987 (3) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals, it will be of immense help, if the same are briefly stated, which were narrated by the learned counsel for the assessee and which are gathered from the record. Shri Dharmendra Kumar, real son of Shri Singhai Padamchand Jain, was adopted by Shri Rishabkumar Jain. As a consequence of family partition sometime in 1967-68, when he was minor, he got certain Properties and out of the said properties, as early as on 15-11-1971, certain immovable properties were offered on his behalf by his real father Singhai Padamchand to Shri Deo Parasnath Digamber Jain Naya Mandir Trust, Khurai. Shri Dharmendra Kumar attained. majority on 5-6-1978. Up to the A. Y. 1977-78, the value of the said properties came to be included in the hands of Shri Dharmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In respect of the A.Y. 1978-79 the assessee felt aggrieved and has come in appeal. For further A.Ys. 1979-80 to 1982-83 the revenue has come in appeal against the action of the AAC who deleted the value of the properties offered to the Temple whereas in respect of the very same assessment years the assessee has come in cross objection in which the first contention is in support of the AAC's order and the second is in respect of the observations that till the assessee attained majority, the properties could not be excluded out of his wealth-tax assessments. The learned D.R. in respect of the assessee's appeal for the A.Y. 1978-79 mainly relied on the earlier years in income-tax case from 1973-74 onwards which were accepted by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the CWT and u/s 12A and section BOG exemption is also granted to the said trust. He placed reliance on assessee's compilation, balance sheet and profit & loss account of the said Trust for the years ending Diwali 1971 and Diwali 1972 as per which it is apparent that the said properties came to be included in the properties of the Temple as per the balance sheet as on 5-11-1972 i.e., Diwali, 1972. The learned D.R. in the rejoinder, drew our attention to 102 ITR 499 and also drew our attention to 161 ITR for the proposition that unless there is registration immovable property cannot be treated as transferred. To the alternative plea, in support of the assessee's contention, which emanated in the course of arguments as to what can be the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assessment years in respect of which the cross objection was filed by the assessee. There is no controversy about the following facts : (1) The assessee is an individual. (2) He is a Hindu. (3) Though original declaration of offering the said properties was made by the real father who is natural guardian the assessee submitted a declaration in form of affidavit dated 23-12-1978. (4) The assessee attained the majority on 5-6-1978. (5) The Trust is registered not only by the CIT u/s 12 but also with the Registrar of Trusts vide his order dated 27-6-1975. As the Trust running the Temple has been subjected to income-tax on the rental income from the same properties and the value of the said properties stand in the balance sheet of the temple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kumbhabhishekham etc. (f1) is necessary and a clear and unequivocal manifestation of intention to create a trust and vesting of the same in the donor or another as a trustee is enough to constitute dedication (g)." 5. Then the Tribunal decision reported in the case of Dr. (Miss) Chandrakanta Rohatgi also supports the contention of the assessee on all fours. As per the said case the learned Members on page 31 of the report have observed as under : " On the other hand, it is quite open to him to create an endowment merely by renouncing his rights in specific property and indicating the particular religious or charitable purpose for which the property is to be used. No deed is necessary and no trustee need be appointed, for the law will impo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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