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TMI Blog1985 (9) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... is to be assessed under " other sources " as business belongs to the wakf - Since it is only after distribution from the wakf, that the assessee receives the income as a beneficiary, he is not entitled to earned income relief u/s 2(6AA). - - - - - Dated:- 6-9-1985 - Judge(s) : SABYASACHI MUKHERJEE. and V. D. TULZAPURKAR. JUDGMENT The judgment of the court was delivered by TULZAPURKAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of such receipt in the hands of the two assessees that earned income relief was claimed under s. 2(6AA)(b) or (c) of the Indian I.T. Act, 1922. Admittedly, the assessment, in the sense of levying of the tax on the computed income, proceeded under s. 41(2) and not under s. 41(1) of the Indian I.T. Act, 1922, and earned income relief was claimed either under cl. (b) or cl. (c) of s. 2( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fits and gains of business " under s. 10, but it was assessable under the head " Income from other sources " under s. 12, inasmuch as the source of the receipt was not business but the deed of wakf and hence cl. (b) was not attracted. Further, while considering the claim under cl. (c), the High Court has taken the view that the word " immediately " in cl. (c) denotes direct connection between the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had proceeded under s. 41(2), no relief is eligible to the assessees. On behalf of the assessees, reliance was placed by the counsel on the subsequent decision of the same High Court, in the case of the same assessees, for the subsequent assessment year, namely, 1961-62, in which the assessees have been granted relief by the court. After going through that judgment, we are of the view that that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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