Commissioner of Income Tax vs Yeraben R. Amin

G.T. Nanavati, J.—The Tribunal has referred the following question under s. 256(1) of the IT Act, 1961 to this Court for its opinion :

Whether the Tribunal, on the facts and the circumstances of the case, is right in law in holding that the assessee is entitled to rebate in respect of

donation of certain shares of Alembic Glass Industries to Arogyavardhini Society, a charitable institution ?

The assessee claimed deduction in respect of the donation of certain shares. The ITO determined the value of this deduction at Rs. 3,218 and

allowed 55% relief.

The CIT, in exercise of his powers under s. 263 of the Act, set aside the said order of assessment and held that the donation made in kind

cannot get the benefit of concession.

The matter was then taken to the Tribunal by the assessee and the Tribunal allowed the appeal holding that the relief could be granted in respect

of donation in kind also. The Revenue then moved the Tribunal for referring the abovestated question to this Court.

The question whether donation in kind is also entitled to the relief under s. 80G is now concluded by the decision of the Supreme Court in H.H.

Sri Rama Verma Vs. Commissioner of Income Tax, Ernakulam, , wherein it has been held that the expression ''any sums paid by the assessee''

refers to the amount of money paid by the assessee as donation. Therefore, for the purposes of claiming deduction from Income Tax under s.

80G(2)(a), the donation must be a sum of money paid by the assessee and not donation in kind. Following that judgment, we answer that question

in the negative, i.e., in favour of the Revenue and against the assessee.

In the result, the question is answered in the negative, that is, in favour of the Revenue and against the assessee. No order as to costs.