9911796707
TMI Blog1981 (4) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Gopichand Rawat and Shri Ram Mohan Rawat. They are the partners of a firm, known as M/s. Maliram Pooran Mal. The settlors set apart ₹ 5,000 each for the corpus of the Trust. They themselves were the trustees of the assessee Trust. The Trust Deed was executed on 1st Jan., 1972 and that was registered in the office of the Commr. under s. 12A of the IT Act, 1961. M/s Mali Ram Pooranmal donated a sum of ₹ 45,000 by cheques to the Trust as under : 1. ₹ 20,000 on 8.1.1973 2. ₹ 10,000 on 24.1.1973 3. ₹ 15,000 on 28.4.1973 Similarly, M/s. Rawat Jewellers, a sister concern of M/s. Maliram Pooranmal, donated a sum of ₹ 17,175 by cheque dt. 13th Nov. 1972. Also, M/s. Maliram Pooranmal donated a sum of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12 of the IT Act, 1961. 2. Aggrieved, the Revenue has come up in appeal for both the years. The only question for consideration in this appeal is whether the donations made by M/s. Maliram Pooranmal and its sister concern, M/s. Rawat Jewellers were with a specific direction that they will form part of the corpus. Sh. M.C. Ranka filed an affidavit at the appellate stage stating that he made the statement before the ITO that the donations were without specific direction, without consulting the assessee and without referring to the assessee's case. He says that no instruction was sought by him from the assessee about the existence or non-existence of any specific direction as contemplated by s. 12. It is obvious that the ITO simply acted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Trust. This evidence clearly proves that the donations were made towards the corpus of the Trust. We agree with the reasoning of the AAC that as no specific mode of giving the direction is prescribed by the state, the direction can be gathered from the facts and circumstances of the case. The partners of the firm M/s. Mali Ram Pooranmal are also the settlors and the trustees of the Trust. The donations having been made by the firms it can be said that the partners are also the donors. In these circumstances, the affidavits of the partners are very important ans noteworthy point is that they have not been cross-examined by the revenue and, thus, the affidavits remained unrebutted on record. Therefore, there is no reasons to ignore the affi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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