COMMISSIONER OF INCOME TAX Vs. VASU PUZIYA JAIN DERASHAR PEDI UNDRI

JUDGEMENT

(1.) THE Revenue, by this application under S. 256(2) of the IT Act has prayed that the Tribunal, Jaipur Bench, Jaipur (Camp at Jodhpur) may be directed to refer the following questions of law for the opinion of this Court which arises out of the order dt. 16th Jan., 1991 passed by the Tribunal :

(2.) THE assessee Shri Vasu Puziya Jain Derashar Pedi Undri, Post Sumerpur, district Pali, is a trust constituted under the Trust Deed dt. 4th Dec., 1977. For the asst. yrs. 1979 80, 1980 81 and 1981 82, the assessee did not file any return and, therefore, the ITO, on 13th Feb., 1987, issued notices to the assessee under S. 148 of the IT Act. The assessee, in response to these notices, filed returns for these assessment years under the Voluntary Disclosure Scheme on 30th March, 1987. The assessee, for these assessment years, declared the income of Rs. 10,100, Rs. 10,100 and Rs. 12,100. During these assessment years, the assessee received donation of Rs. 1,84,907, Rs. 86,037 and Rs. 44,353 which were claimed by the assessee to be the corpus being for the construction of a temple. The ITO referred the matter to the Dy. CIT, Udaipur for direction under s. 144A of the Act and the directions were issued to him by the Dy. CIT on 19th Dec., 1986. The ITO, following the said directions, added the donation amounts of Rs. 1,84,907, Rs. 86,037 and Rs. 44,353 as the income of the assessee in these assessment years. The ITO, also, observed that since the income for the assessment years in question exceeds Rs. 25,000, the accounts of the trust were, also, required to be audited by an accountant.

(3.) AGGRIEVED with the order dt. 27th July, 1989 passed by the CIT(A), Jodhpur, the assessee preferred three appeals before the Tribunal, Jaipur Bench, Jaipur and the Tribunal, by its order dt. 16th Jan., 1991, partly allowed the appeals filed by the assessee. The Revenue thereafter filed an application under S. 256(1) of the Act before the Tribunal to refer the questions of law mentioned in para 1 above for the opinion of this Court. The Tribunal dismissed the application under S. 256 (1) filed by the Revenue with the following observations :