TMI Blog1983 (7) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... appealed before the AAC on various grounds against the order of the ITO. During the course of the hearing of the appeal, the AAC noticed that the ITO had allowed deduction under section 80K in respect of the dividend income. The AAC served a notice on the assessee proposing to direct the ITO to withdraw the relief allowed under section 80K by the ITO. After hearing the assessee's objections to the proposed enhancement, the AAC referred to the Madras High Court decisions in the case of CIT v. Rao Bahadur Calavala Cunnan Chetty Charities [1982] 135 ITR 485 and in the case of CIT v. Estate of V. L. Ethiraj (by Official Trustee) [1982] 136 ITR 12 and the Andhra Pradesh High Court decision in the case of CIT v. Trustee of H. E. H. the Nizam's Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with and subject to the provisions of Chapter VI-A, the deductions specified in sections 80C to 80VV of the Act. It was submitted that the exemption was provided in respect of all the assessees. Where the Legislature wanted to make any discrimination between one category of the assessees and others, the Legislature had made the distinction in the provision itself. For example, reference was made to section 80C wherein different types of exemptions were admissible to an individual and to the HUF. Further, reference was invited to the definition of 'gross total income' under section 80B(5) of the Act, according to which the gross total income meant the total income computed in accordance with the provisions of the Act, before making any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unable to agree with the learned AAC that these two High Courts have nowhere taken the view that relief under section 80K was not available to a charitable trust. The High Courts have only proceeded to lay down the manner in which the total income of a trust was to be determined. The question of relief under section 80K would arise only after the gross total income of an assessee was determined. As defined under section 80B(5) of the Act, gross total income meant the total income prior to relief granted under Chapter VI-A in the case of any assessee. Even in the case of a charitable trust, the gross total income has to be determined in the ordinary course by applying the other provisions of the Act including section 11. Thereafter, the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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