COMMISSIONER OF INCOME TAX Vs. ZORASTER AND COMPANY S

JUDGEMENT

(1.) THIS reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue is to answer the following questions of law, namely : --

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is entitled to deduction under Section 80G of the Income-tax Act, 1961, on charity and donations amounting to Rs. 22,557 ?"

(3.) CONSEQUENTLY, the reference is answered partly in the affirmative and partly in the negative. The first question is answered in the affirmative, in favour of the assessee and against the Revenue by holding that the Tribunal's view on question No. 1 is justified. Question No. 2 is answered in the negative, against the assessee and in favour of the Revenue by holding that the Tribunal's view on this question is not justified.