TMI Blog2008 (9) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer on the ground that the kalyana mandapam was let out to fulfill the objects of the trust and it was income derived from property. The Tribunal confirmed the order of Commissioner (Appeals). Held that - considering the Tribunal's order in the assessee's case for the earlier assessment year which was based on the interpretation of the relevant clauses of the will and interpretation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... activity either as per the objects of the trust or incidental thereto. The kalyana mandapam was rented out on substantial rent which sustains the commercial nature of the activity. On appeal, the Commissioner of Income-tax (Appeals) reversed the order of the Assessing Officer placing reliance on the judgment of the jurisdictional High Court reported in CIT v. Samyuktha Gowda Saraswatha Sabha [200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. We heard the learned standing counsel appearing for the Revenue and perused the materials available on record. 5. For the earlier assessment year, which is the subject-matter of I. T. A. No. 103/Mds/98, the Tribunal has held as follows : "The assessee referred to clause 92 of the will left behind by Shri Narayana Guruviah Chetty. It was submitted that the deceased desired that gifts and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee was carrying on charitable work. On behalf of the assessee, reliance was placed on the following decisions : (a) Thiagarajar Charities v. Addl. CIT [1997] 225 ITR 1010 (SC) ; (b) CIT v. Samyuktha Gowda Saraswatha Sabha [2000] 245 ITR 242 (Mad) ; and (c) Asst. CIT v. Thanthi Trust [2001] 247 ITR 785 (SC). An identical issue was considered by this court in the case of CIT v. Samyuktha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any event, if there be any ambiguity in the language employed, the provision must be construed in a manner that benefits the assessee. The trust, therefore, is entitled to the benefit of section 11 for the assessment year 1992-93." 7. Hence, the Tribunal confirmed the order of the Commissioner of Income-tax (Appeals). As the order of the Tribunal is based on consideration of the relevant clause ..... X X X X Extracts X X X X X X X X Extracts X X X X
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