TMI Blog2011 (5) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... d no error in holding that the grant in question fulfills the requirement of section 11(d)(1) read with section 12(1) of the Act, tax appeal is dismissed - there was a direction contained in the Government circular releasing grant in favour of the assessee thus such amount shall not form corpus of the assessee. - Tax Appeal No. 1934 of 2009 - - - Dated:- 2-5-2011 - Akil Kureshi, Sonia Gokani, JJ. M.R. Bhatt, Sr. Adv., and Mauna M. Bhatt for the Appellant JUDGEMENT Akil Kureshi: Revenue is in appeal against the judgment of the Tribunal dated 14.7.09 raising following questions for our consideration: "A. Whether the grant received from the Govt. of Gujarat can be treated as income of the Trust, since the same is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the assessee is entitled to claim exemption under section 11(1)(d) read with section 12(1) of the Act. Before us, counsel for the Revenue raised the main contention that there was no direction contained in the Government circular releasing grant in favour of the assessee that such amount shall form corpus of the assessee. In absence of any such direction, the Tribunal erred in granting benefit under section 11(1)(d) of the Act applying the Division Bench decision of this Court in the case of CIT v. Shakar Vasi Vanik Jain Sahgh, (2003) 260 ITR 366. With the assistance of the learned counsel for the revenue, we have perused the documents on record. The Tribunal has extensively referred to the background under which the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osition, the State Government desired to formulate a comprehensive scheme for rehabilitation of the sweepers, scavengers and their dependents. By adopting such resolution, the scheme envisaged that the benefits of the scheme being given to sweepers and scavengers engaged in unclean occupation along with the Safai Kamdars. The scheme envisages that 70% of the sweepers and scavengers live in urban areas and they are more educated than those in the rural areas. The scheme further envisages that the benefits should reach to those located in rural areas also. The task of implementing the scheme was entrusted to the Gujarat Scheduled Caste Development Board with the co-operation of the respondent assessee. The State Government sanctioned ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
