2000 PLP 1494 (PTD)
COMMISSIONER.OF INCOME-TAX Versus THANTHI TRUST
| Citation | 2000 PLP 1494 (PTD) |
| Forum / Court | 239 I T R 502 |
| Bench Members | B. P. Jeevan Reddy and S. Saghir Ahmad, JJ |
| Parties | COMMISSIONER.OF INCOME-TAX Versus THANTHI TRUST |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 2000 PLP 1494 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1494 (PTD)?
The case was heard and decided by the 239 I T R 502 bench comprising: B. P. Jeevan Reddy and S. Saghir Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1494 (PTD) (COMMISSIONER.OF INCOME-TAX Versus THANTHI TRUST). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- K: N. Shukla, Senior Advocate (Manoj Arora and S. N. Terdol, Advocates with him) for Appellant.
- G. L. Sanghi, Senior Advocate (V. Shangram and Vineet Kumar, Advocates with him) for Respondent.
Headnotes / Summary
(Appeal from. the judgment and order, dated January 29, 1981 of the Madras High Court in Tax Cases Nos.1240 to 1245 of 1979 and T.C.M.P. No.833 of 1981).
Charitable purposes--Charitable trust-Exemption
Trust giving money to college run by registered charitable society
Amount given by making credit entries in favour of society in its accounts
No challenge to genuineness of credits
Amounts representing credits was entitled to exemption
Indian Income Tax Act, 1961, S.11. Held, dismissing the appeal, that the question herein was essentially a question of fact. A college was run, not by the assessee-trust, but by another registered charitable society. The High Court had found that the conduct of the educational institution in drawing from the assessee-trust larger sums than what had been credited by the trust in. its favour in 1969-70 showed that it was fully aware of its credit with -the assessee- trust and the funds that had' been made available to it by the trust. It was no part of the Revenue's case at any point of time that the credit entries made in the assessee's books of account were not genuine or true or that they were mere make-believe or bogus. The Income-tax Officer .had not doubted the said entries and called upon the assessee to produce the accounts of the college. The High Court was right in holding that the assessee was entitled to exemption under section 11 of the Income Tax- Act, 1961. CIT v. Thanthi Trust (1982) 137 ITR 735 (Mad.) affirmed.
Judgment & Decree
1962-63 1964-65 19-2-1968 7,49,504.36 17,28,606 1963-64 1965-66 23-2-1968 7,08,725.02 2,26,809 1964-65 1966-67 10-7-1968 8,09,457.57 17,37,082 1965-66 1967-68 22-7-1968 7,99,312.00 3,02,998 1966-67 1968-69 20-3-1972 10,41.689.47 3,04,035 1967-68 1969-70 19-4-1972 8,99,535.00 16,61,500 It appears that the Adityenar College was run, not by the assessee trust, but by another registered charitable society. In the circumstances, the High Court was right in the conclusion which it arrived at. It may also be mentioned that it is no part of the Revenue's case at any point of time that the credit entries made- in the assessee's books of account were not genuine or true or that they were mere make-believe or bogus. It is also not brought to our notice that the Income-tax Officer doubted the said entries and called upon the assessee to produce the accounts of the college and that the assessee failed to produce the same. The appeals are dismissed accordingly. No costs. M. B. A. /4251/FC Appeals dismissed.