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TMI Blog2018 (12) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... ) where on almost identical facts, by relying upon the CBDT instruction No.1132 dated 5th January, 1978 issued by the CBDT that utilization of the funds by making donations to another Trust would amount to application of income within the meaning of Section 11 of the Act. No case of diversion of income involving infringement of provisions of Section 13 of the Act was made out. The grievance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 682 OF 2016 - - - Dated:- 27-11-2018 - AKIL KURESHI M.S. SANKLECHA, JJ. Mr. N.C. Mohanty for the appellant None for the respondent P.C. 1. This Appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 15th July, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). This appeal relates to Assessment Year 2007-08. 2. The Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... milar objects on the ground that the income of the Trust was only of ₹ 52.70 lakhs for the subject assessment year. Thus, the Assessing Officer by assessment order dated 28th February, 2013 held that the balance amount of ₹ 1.52 crores which is being disallowed as the donation is given by the respondent assessee from its accumulated income, then it is not deemed to application of incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the decision of Gujarat High Court in CIT Vs. Sarladevi Sarabhia Trust No.2 (1988) 172 ITR 698 where on almost identical facts, by relying upon the CBDT instruction No.1132 dated 5th January, 1978 issued by the CBDT that utilization of the funds by making donations to another Trust would amount to application of income within the meaning of Section 11 of the Act. It further held that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... donating a part of its corpus to another Trust having similar objects for utilization to fulfill its charitable objects. 8. In these circumstances, the view taken by the Tribunal in the present fact cannot be found fault with. Thus, the question as formulated does not give rise to any substantial question of law. Thus, not entertained. 9. Accordingly, appeal is dismissed. No order as to cos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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