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Issues Involved:
1. Entitlement to deduction of Rs. 78,273 from total income. 2. Justification of the Tribunal in deciding the liability to pay any amount to the Government. Summary: Issue 1: Entitlement to Deduction of Rs. 78,273 from Total Income The High Court of Gujarat addressed whether the assessee, Rajkot District Gopalak Co-operative Milk Producers' Union Limited, was entitled to a deduction of Rs. 78,273 from its total income. The assessee had taken over a milk conservation project from the Gujarat Government, which was running into losses. The terms of the agreement specified that any profits made from the project were to be first applied to the accumulated losses of the project, which amounted to Rs. 78,273. The Income-tax Officer disallowed the deduction, treating the payment as an application of income rather than a diversion by overriding title. Both the Appellate Assistant Commissioner and the Tribunal upheld this view. However, the High Court concluded that the payment was indeed a diversion of income by overriding title, as the profits were to be applied to the accumulated losses before reaching the assessee. Therefore, the assessee was entitled to the deduction, and the Tribunal's view was incorrect. Issue 2: Justification of the Tribunal in Deciding the Liability to Pay Any Amount to the Government Given the affirmative answer to the first issue, the High Court found it unnecessary to address the second issue regarding the Tribunal's justification in deciding the liability to pay any amount to the Government. Consequently, the court declined to answer this question. Conclusion: The High Court answered question No. 1 in the affirmative, in favor of the assessee and against the Revenue. Question No. 2 was not addressed due to the resolution of the first issue. The reference was disposed of with no order as to costs.
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