1975 (2) TMI 31

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..... law in holding that in respect of the sums collected on account of charity, the assessee was only a trustee? (iii) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in not sustaining the proportionate disallowance of depreciation of jeep in view of the provisions of s. 38(2) of the IT Act, 1961 after having sustained the disallowance of a part of the running expenses as attributable to the personal use of jeep by the partners? In as much as, in our opinion no question of law arises out of the aforesaid order of the Tribunal, we decline to draw up a statement of the case and refuse to refer any question of law to the High Court as required under s.256(1) of the Income Tax Act, 1961. 2. The fac .....

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..... h are given in para 4 of the Tribunal's order, were produced in this connection. The Tribunal did not dispute that in the aforesaid four invoices certain money on account of dharmada had been collected by the concerned dealers but all the same the Tribunal did not accept the existence of any custom. This business had been started by Shri Pritam Dutta as a proprietary concern during the asst. yr. 1968-69 and neither during the period when he was proprietor nor during the period when he was proprietor nor during the period prior to this year when the business was converted into that of a firm was any such collection made. 4. It was next submitted that the money had been specifically collected for purposes of charity and had also been disbu .....

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..... o partners had their own motor cycles. The use of jeep by the partners was not ruled out. Considering the nature of the assessee's business and all the circumstances of this case, the Tribunal disallowed a sum of Rs.1,200 out of running expenses which separately amounted to Rs. 4,944. The expenditure on tyre and tube Rs. 160 and the repair expenses of Rs. 3,219 included in the total expenditure was allowed in full. The Tribunal gave a direction that full depreciation should be allowed on the jeep because the jeep had been purchased mainly for the purposes of the assessee's business. 6. The first point that the Tribunal decided was that the sum of Rs. 33,948 collected by way of charity was not received by the assessee as its income. In do .....

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