Indian Kanoon - Search engine for Indian Law

9. The third question relates to income which the assessee says was held on the charitable trust, and was, therefore, exempt from tax under Section 4(3) (i) of the Indian Income-tax Act. On that point the Commissioner, acting under Section 33, varied as against the assessee the order of the Assistant Commissioner. Therefore, so far as relates to that question, it is not disputed that the order was a prejudicial one, and was one properly referred. But the question is really one of fact. The Commissioner has held that the income in question was received by the assessee in July, 1935, and a trust of the property out of which the income was received was not made until November, 1935. The assessee maintains that ever since 1931 the property had been held upon an oral charitable trust, but there is no finding to that effect. The finding of the Commissioner is :