TMI Blog1969 (1) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... voluntarily and with a view to creating a trust - intention of the giver is important to decide whether the contributions would form part of the income of the assessee - case remanded - - - - - Dated:- 23-1-1969 - Judge(s) : VEERASWAMI., RAMAPRASADA RAO. JUDGMENT The judgment of the court was delivered by VEERASWAMI J. -The assessee who, during the assessment year 1962-63, to which the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncludible as the income of the assessee ? " The question, in our view, borders almost on facts and we feel the reference should not have been entertained at all. Anyhow, we shall deal with it on the view that our opinion may be of guidance to the revenue. The collection was made by the assessee not generally from members of the public inclined towards charity, but was confined to the regular sto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the funds. If, on the other hand, the payment made by the customers is not voluntary and is not intended as a gift to the Vinayagar Charity, but notwithstanding the fact that half a per cent. was shown in the bills separately for the purpose mentioned it was part of the bargain and, therefore, of the consideration therefor, the collection would in that case form part of the income of the person w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onclusion as to whether the collections constituted part of the assessee's income, we answer the question in favour of the revenue. But this does not mean that we express at this moment any view that the sum collected during the assessment year did or did not form part of the assessee's income. That question can be more satisfactorily decided only upon a finding on the essentials we have indicated ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
