9911796707
TMI Blog2013 (4) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... t received of ₹ 7,68,96,000 is accompanied by legal obligation and, therefore, it does not partake the character of voluntary contribution within the meaning of Section 12(1) of the Act and partake the character of corpus donation which is not required to be applied under Section 11 of the Act and exempt u/s 11(1)(d) of the Act. 3. In law and on facts and in the circumstances of the appellant's case, the Learned CIT (Appeals) has erred in upholding that intimation under explanation 2 to section 11(1) is mandatory. The Ld CIT(A) ought to have appreciated that the such intimation provided under the act is optional and not mandatory. 4. Learned CIT (Appeals) has erred in holding that appellant has failed to fulfil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociety at the time of disbursement of the fund to the Indian Red Cross Society in accordance with the guidelines laid down by the NRHM and, therefore, the application of income of ₹ 7,68,96, 000/- under Section 11(1) should be allowed to the appellant authority in A.Y.2009-10. 3. The learned counsel for the assessee submitted t hat the assessee was incorporated by the Government of Gujarat, as a nod al agency to regulate blood transfusion in the State of Gujarat, and managing the funds relating thereto by securing grants from the State Government and distributing the same to various Red Cross Branches in the State of Gujarat. He referred to various documents, copies of which have been filed in the compilation before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rival submissions and have perused the orders of the AO and the CIT(A), and also the copies of various documents filed by the assessee in the compilation filed before us. We find that the assessee was incorporated as a nodal agency to regulate the supply of safe-blood and blood transfusion in the State of Gujarat through R ed Cross/blood banks, c/o. Chief District Medical Officer of various Districts in the State of Gujarat. The State is providing necessary funds to the assessee as Grant and exactly the same amount has been distributed by the assessee to the various blood banks. We find that the Secretary, Health Family Welfare Deptt of Govt. of Gujarat is the ex-officio President of the assessee-council and senior officers ..... X X X X Extracts X X X X X X X X Extracts X X X X
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