1981 (4) TMI 121

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ld. AAC for the asst. yr. 1977-78, inter alia, on the following ground: " The AAC was not justified in holding the following taxes paid by the appellant for the relevant previous year of Income for the purposes of s. 11 of the IT Act, 1961. (a) Rs. 11,600 Wealth-tax paid for asst. yr. 1976-77 (b) Rs. 1,600 Income-tax paid for asst. yr. 1972-73 . Rs. 13,200" . It wa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... AAC is not according to laws and that in fact Chandigarh Bench of the Tribunal in ITA No. 681/CHD/77-78 for the asst. yr. 1974-75, in the case of M/s Devinder Engg. Works Ltd. has allowed such a claim of the assessee in the similar circumstances. He further relied upon the ratio in the case of Trustee of H.E.H. The Nizams Supplemental Religious Endowment Trust, decided by their Lordships of the A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... said finding of the ITO was subsequently challenged by the assessee and the ld. AAC relying upon the order dt. 26th Feb., 1980 of the Tribunal, Jaipur in ITA No. 205(JP) of 1979 for the asst. yr. 1975-76 in the case of assessee itself confirmed the ITO's finding. Hence, the instant appeal by the assessee before us on the grounds mentioned above. It is clear from the assessee's account copy furnis....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al to the carrying out of the objects of the trust. Therefore, the payments had to be excluded from the income of the trust. If so excluded, the income of the assessee for the asst. yr. 1976-77 was only Rs. 9428-61 and the same being less than Rs. 10,000 the trust was the asst. yr. 1968-69, the expenditure over income was 2,006.03 after excluding the taxes paid during the year and, therefore, ther....