Vijaipat Singhania vs Commissioner of Income Tax, Kanpur

Delay in filing SLP No. 3792 of 1979 is condoned.

The short point raised in this appeal at the instance of the assessee arises out of a reference made of the following question Commissioner of Income Tax Vs. Gopal Krishna Singhania,

Whether, on the facts and circumstances of the case, the Tribunal was correct in law in holding that relief u/s 80G is admissible in respect of donations in kind also ?

The High Court Commissioner of Income Tax Vs. Gopal Krishna Singhania, , having negatived the stand of the assessee, the assessee with special leave is in appeal before us. The question that arises here directly arose in the case of H.H. Sri Rama Verma Vs. Commissioner of Income Tax, Ernakulam, and this court has taken the view that donations in kind are not covered u/s 80G of the Act. Apart from the fact that we are bound by the judgment we are also of the same view as taken by the three-judge Bench. This appeal is accordingly dismissed. Since the dismissal is on the authority of a case, judgment of which was delivered after the appeal was carried to this court, parties are directed to bear their own costs.

Special leave petitions are also dismissed.