9911796707
TMI Blog2017 (6) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... tice that in case of Tax Appeal No.1934 of 2009, Division Bench of this Court in a judgment dated 2.5.2011 in substantially similar factual background has made following observations:- "Though multiple questions are framed, the issue is one, namely, whether the assessee was entitled to claim benefit of section 11(1)(d) of the Income Tax Act,1961 with respect to Government grant of Rs. 8.97 crores received during the assessment year in question. The assessee is a Government owned Corporation established for the purpose of upliftment of Safai Kamdars and certain members of Scheduled Caste involved in manual scavenging and other similar activities. During the year in question, the assessee received grant of Rs. 8.97 crores from the Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was accepted by the Revenue. From the documents on record, we gather that the objects of the Corporation, inter alia, were to grant concessional loans and advances to Safai Kamdars and their dependents, to examine the problems of Safai Kamdars and try to find their solutions, to promote economic developmental activities for the benefits of Safai Kamdars, their family members and dependents, etc. Grant of Rs. 8.97 was made available to the Corporation under Government Resolution dated 9th December 2000. Preamble to the Government resolution states that in the State there are 33,000 Safai Kamdars and 31,000 dependents of such Safai Kamdars. 7500 Safai Kamdars have been given alternate employment and they are rehabilitated. Resolution refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. It was a scheme envisaged for implementation of certain Government programmes in particular, to uplift the living condition of manual scavengers and other Safai Kamdars involved in similar activities. Though exact words may not have been used that the funds made available are directed to form the corpus of the Corporation and to be used for such purpose, the entire purport of the scheme has to be gathered from the reading of the scheme as a whole. If so done, it leaves no doubt in our mind that the funds were made available to the Corporation for implementing the scheme in a particular manner. The assessee Corporation was not th sole trustee. The Scheduled Caste Development Board was also liable for implementation of the scheme to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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