1991 (10) TMI 11

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..... -This is a petition filed by the Revenue under section 256(2) of the Income-tax Act, 1961, to direct the Income-tax Appellate Tribunal to refer the following two questions of law, formulated in paragraph 7 of the original petition for the decision of this court: "1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the money received by the asse....

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....ara graph 9 Of its order, Concluded that the amount was received by the Indian Gospel Mission and credited it to their current account with the bank and operated by the assessee in his capacity as Vice-President of the Mission. The Appellate Tribunal followed up the above finding and held that the receipts cannot be said to be assessable to tax as the assessee's income. Thereafter, the Revenue fil....

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.... the further question as to whether the said amount received by way of foreign remittances is includible in the assessee's hands will arise for consideration. We are of the view that the two questions, formulated in paragraph 7 of the original petition and extracted hereinabove, are questions of law which arise for consideration. Therefore, we direct the Income-tax Appellate Tribunal to refer t....