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Issues Involved:
1. Whether the sum of Rs. 48,176 is liable to tax as income arising from vocation or occupation. 2. Whether the receipts by the birthday celebrations committee are exempt u/s 10(3) of the Income-tax Act, 1961. Summary: Issue 1: Taxability of Rs. 48,176 as Income from Vocation or Occupation The original assessee, a member of the DMK Party and Chairman of the Tamil Nadu Legislative Council, received Rs. 48,176 from personal friends and public donations during his birthday celebrations, which was used for constructing a house. The Income-tax Officer and the Appellate Assistant Commissioner considered this amount as income arising from his vocation as a politician. The Tribunal upheld this view, stating that the contributions were due to his influence in the DMK party and his role as a propagandist. However, the High Court found that the Tribunal did not consider the assessee's positive case that the contributions were due to his selfless service to Tamil and Tamil Nadu, his literary contributions, and his respect among people from various walks of life. The Court emphasized that the nature and character of income depend on legal inference drawn from established facts, and the burden of proof lies on the Revenue to establish that a receipt is of a revenue character. The Court concluded that the Revenue failed to disprove the assessee's claims and that the contributions were not necessarily connected to his political vocation. Thus, the sum of Rs. 48,176 was not liable to tax as income arising from a vocation or occupation. Issue 2: Exemption u/s 10(3) of the Income-tax Act, 1961 Given the decision on the first issue, the Court found it unnecessary to address whether the receipts were exempt u/s 10(3) of the Income-tax Act, 1961. Conclusion: The High Court answered: - Question No. 1 in the negative and in favor of the assessee. - Question No. 2 was deemed unnecessary to answer. The Revenue was directed to pay the costs of the case, with counsel's fee set at Rs. 500.
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