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TMI Blog2018 (1) TMI 1712X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt so as to form part of the total income - HELD THAT:- As decided in UP. UPBHOKTA SAHKARI SANGH LIMITED. [ 2006 (8) TMI 148 - ALLAHABAD HIGH COURT] the amount in question was given by the State Government for specific purpose. It did not partake of the nature of income of the respondent-assessee. Even if it is to be treated as an income, it would not be liable to be taxed as it is stated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6-07 against the order of the Tribunal dated 4.4.2012. The questions of law sought to be answered are hereunder; 1. Whether on the facts and circumstances of the case the Hon'ble ITAT is justified in confirming order of the CIT (A) that the Anshdan Nirman Yojna Fund received for the sanctioned project and spent by the assessee is not forming part of total receipts by ignoring the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that income of the assessee is not exempt under section 11 of the I.T. Act, 1961. Both the CIT as well as the Tribunal after examining the matter have come to the conclusion that money advanced by the State Government to the assessee Cane Cooperative Society were in the nature of grant in aid for construction of roads and the sum which was given by the State Government and the funding given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner of Income Tax Vs. U.P. Upbhokta Sahkari Sangh Ltd. (2007) 288 ITR 106 (Allahabad) wherein a similar question had arisen with regard to the income of cane society and this Court has held hereunder; 8. From a perusal of the aforesaid findings, we are of the considered opinion that the amount in question was given by the State Government for specific purpose. It did not partake of the nature ..... X X X X Extracts X X X X X X X X Extracts X X X X
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