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TMI Blog2017 (2) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... against the order of CIT(A) in deleting the addition made by AO on account of the receipts on dissolution of trusts under section 56(2)(vi) of the Act as income from other sources. For this Revenue has raised following three grounds: - "1. Whether on the facts and in circumstances of the case and in law, the Ld. CIT(A) was justifying in holding that addition made by the AO amounting to Rs. 1,35,90,740/- on account of receipts from dissolution of Sant Trust cannot be taxed as income from other sources under section 56(2)(vi) of the Act and consequently giving relief of Rs. 1,35,90,740/- to the assessee. 2. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justifying in hlding that the amount of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d benefits in and from the property and assets of Sant Trust. 1.4 The said trust was dissolved as per the Deed of Dissolution dated 27/2/2007 and the assets were distributed in favour of two remaining beneficiaries, Mr. Sandhya A Pratap, the assessee and Mr. Ashok C Pratap, husband of the assessee. 1.5 During the course of assessment proceedings, the assessee was required to show cause as to why the receipts amounting to Rs. 1,35,90,740/- received from Sant Trust should not be brought to tax in its hand as income from other sources." And CIT(A) also considered the Tribunals order in assessee's husband case in the case of Ashok C. Pratap. We find that the Tribunal in ITA No. 4615/Mum/2011 for assessment year 2007-08 vide order dated 18- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the persons described in clauses (a) to (g), as mentioned in the proviso to clause (vi), which is reproduced above; The word "Relative" has been defined in Explanation which is also reproduced above. Unless all the aforementioned ingredients are fulfilled, the provisions of clause (vi) of s/section (2) of section 56 of the Act could not be applied. It is the main case of learned Counsel for the assessee that the amount has not been received by the assessee without consideration and that part of the condition cannot be said to have been fulfilled, therefore, it will be material to see that as to whether this amount can be said to have been received without consideration. If it is held that the said amount is not received by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tamount to taxing the income twice and also the argument that, in any case, as the trust was created by mother of the assessee, its exclusion will also fall within the purview of clause (vi) of the Explanation described in clause (vi) of the Explanation where the word "Relative" has been defined as "lineal ascendant or descendant of the spouse of the individual", etc." 4. When a query was put to the learned Sr. DR, he could not distinguish the facts rather, the facts and circumstances are exactly identical in assessee's husband case. Respectfully following and taking consistent view as taken by coordinate Bench in assessee's husband Shri Ashok C Pratap case (supra), we confirm the order of CIT(A) deleting the addition. 5. In the result, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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