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TMI Blog1970 (8) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1922. Swami Narsingh Giri is the assessee. He was assessed to income-tax for the assessment year 1944-45. He submitted a return indicating an income of Rs. 1,152 as income from property. The Income-tax Officer found that there was a deposit of Rs. 10,200 in the bank account standing in the assessee's name. Another item of Rs. 396 was credited in the bank account on account of interest. The Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s drawn up a statement of the case, and referred to this court the following question of law : Whether, on the facts and in the circumstances of the case, and in view of the use to which the assessee used to put the income of the math, the income therefrom was exempt under the provisions of section 4(3)(i) of the Act ? " One Swami Atma Nand Giri, who claimed to be a disciple of the assessee, was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year. We have, therefore, to consider the provisions of the Act before 1952. At the material time sub-section (3) of section 4 stood thus : " Any income, profits or gains falling within the following classes shall not be included in the total income of the person receiving them : (i) Any income derived from property held under trust or other legal obligation wholly for religious or ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. Secondly, clause (i) requires that the income in dispute should have been derived from property held under trust or other legal obligation wholly for religious or charitable purposes. When a visitor makes offerings to the assessee, it cannot be said that such money is derived from property held under trust or other legal obligation. Consequently, such income is not covered by clause (i). Alt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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