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TMI Blog2009 (12) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... cumulation of the income - the order of the Tribunal is hereby set aside and the matter is remitted back to the assessing officer - 128 of 2008 - - - Dated:- 14-12-2009 - Coram:- The Honourable Mr.Justice K.Raviraja Pandian And The Honourable Mr.Justice M.M.Sundresh Appeal filed under Section 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 20.7.2007 passed in I.T.A.No.1464/Mds/2006. For Appellant: Mr.R.Venkata Narayanan for Mr.Subbaraya Aiyar For Respondent: Mr.Patty B.Jegannathan JUDGMENT (Judgment of the Court was delivered by K.RAVIRAJA PANDIAN, J.) The revenue has come up on appeal against the order of the Income Tax Appellate Tribunal, Madras 'A' B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opinion that the purpose of accumulation mentioned therein are vague and not specific and hence declined the benefit of accumulation under Section 11(2) of the Act by following the decision of the jurisdictional High Court in the case of CIT Vs. M.Ct.M.Chettiar Family Trust (245 ITR 410). It is the contention of the appellant that it is charitable trust under the control and management of the Administrator General and Official Trustee of Tamil Nadu. The estates are being managed by the A.G. O.T. appointed by the High Court of Madras and the major decisions in the matter relating to investment, payment, etc., of A.G. O.T. In the matters of estates are being taken with the concurrence of the High Court. The appellant filed form 10 sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purpose has been specified viz., repair and renovation of the building, and the difficulties in immediately starting the renovation have also been brought to the notice of the authorities. But at the same time, we also see that Form 10 has not been duly filled up. Even in the matter decided by the Calcutta High Court, the assessee was allowed to adduce fresh evidence to show the specific purpose for which the trust requires accumulation of the income. In this case too, especially in view of the fact that it is AG OT who is administering the trust, we feel that the same indulgence could be shown. We are not answering the questions of law raised, however, we remand the matter to the Assessing Officer and the assessee shall specify the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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