1970 (8) TMI 15

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....ection 66 of the Indian Income-tax Act, 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 acc....

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....the Appellate Tribunal, Allahabad, has 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 clai....

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....ider the Act as it stood at the time of the assessment 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 o....

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....arily to be set aside for religious or charitable purposes. 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. Conse....