1985 (8) TMI 45 - HC - Income Tax

Court rules income received by assessee for 1973-74 not taxable under Income Tax Act

Commissioner Of Income-Tax Versus Ramdeo Samadhi

Commissioner Of Income-Tax Versus Ramdeo Samadhi - [1986] 160 ITR 179, 50 CTR 61, 29 TAXMANN 360 Issues Involved:1. Whether there is any income from any source assessable in the hands of the assessee known as Shri Ramdeora Samadhi, Ramdeora, for the assessment year 1973-74.2. Whether there exists a body of individuals representing Shri Ramdeora Samadhi on whom the impugned assessment could be made.Summary:Issue 1: Assessability of IncomeThe court examined whether Shri Ramdeo Samadhi, Ramdeora, had any income from any source that could be taxed for the assessment year 1973-74. The Income-tax Officer had assessed the income at Rs. 2,09,893, considering the offerings received as income. However, the Appellate Assistant Commissioner and the Tribunal found that the offerings were not income liable to be taxed. The court referred to various judicial pronouncements to define 'income' and concluded that the offerings were voluntary, lacked regularity, and were not in return for any services rendered. Thus, they did not constitute taxable income. The court agreed with the Tribunal that the amount received by the assessee was not an income liable to tax.Issue 2: Existence of a Body of IndividualsGiven the answer to the first question, the court found it unnecessary to decide whether there exists a body of individuals representing Shri Ramdeora Samadhi on whom the impugned assessment could be made. Therefore, no opinion was expressed on this issue.Conclusion:The court concluded that the income received by the assessee for the assessment year 1973-74 was not taxable under the Act. The amount of Rs. 2,09,893 received as offerings was not liable to tax. The question referred was answered in favor of the assessee and against the Revenue. No order as to costs was made, and a copy of the order was directed to be sent to the Tribunal u/s 260(1) of the Act.