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Commissioner Of Income-Tax vs Sarladevi Sarabhai Trust-No. 2 on 29 March, 1988

5. Being aggrieved, the Revenue filed an appeal to the Tribunal. By the impugned order dated 15th July, 2015, the Tribunal dismissed the Revenue's appeal. This by upholding the finding of the CIT(A) inter alia placing reliance upon the decision of Gujarat High Court in CIT Vs. Sarladevi Sarabhia Trust No.2 (1988) 172 ITR 698 where on almost identical facts, by relying upon the CBDT instruction No.1132 dated 5 th January, 1978 issued by the CBDT that utilization of the funds by making donations to another Trust would amount to application of income within the meaning of Section 11 of the Act. It further held that no case of diversion of income involving infringement of provisions of Section 13 of the Act was made out.
Gujarat High Court Cites 23 - Cited by 53 - S B Majmudar - Full Document
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