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TMI Blog1989 (5) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... 28-2-1983. It is in Tamil. It says that he has declared a trust with a sum of Rs. 5,000 received as offerings during his travels. The name of the trust is to be "Aranganagarappan Saswatha Dharamasthapana Trust". The object of the trust is to renovate the buildings of the Mutt and temples and establish schools for propagation of Sanskrit and Vaishnavite tradition. The rest of the amounts received were also credited to the account of the trust. 3. On these facts the Gift-tax Officer was of the opinion that : " These receipts were treated as income of the Mattadhipathi. Hence donations made out of such income is only an application of income. Hence such voluntary contribution out of the personal receipts constitutes transfer and gift. Henc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty for religious purposes. It is a gift by him for which no acceptance is necessary to complete the gift. Nor does the thing become res nullius because though it is not taken by the sanyasi for himself it is taken in his care for the protection of the thing given till the ownership of another arises. The dedication is nothing but a compendious expression of the pious purpose for which the dedication is designed and the sanyasi merely accepts the responsibility of carrying out the intention of the devotees who have laid the offerings at his feet. This customary position is judicially recognized. In the case of Vidya Varuthi Thirtha Swamigal v. Baluswami Ayyar AIR 1922 PC 123 at 126 we find the following passages :--- " Hindu piety found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ared the beneficial interest of the charitable purposes. Thus the assessee was neither owner of the amount nor was there any transfer by him to another so as to constitute a gift. (See Suleman Isubji Dadabhai v. Naranbhai Dahyabhai Patel AIR 1980 Guj. 165). In fact, the GTO has inadvertently observed the correct position namely that there was only an application of the funds entrusted to the assessee for charitable purposes. Such an application on behalf of the devotees of the funds entrusted to him can only be expenditure and cannot amount to a gift by any stretch of imagination. We are, therefore, satisfied that this assessment was baseless and untenable and we, therefore, annul the same. The appeal is allowed. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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