I.P.Bansal, J. - (1.) THIS is an appeal filed by the assessee and is directed against the order of Commissioner (Appeals), dated 15 - -10 -1997, for the assessment year 1993 -94.
(2.) THE grounds of appeal read as under : "Ground No. 1: treatment of corpus donation of Rs. 9,69,675 as ordinary donation. 1.1 the appellant submits that the honourable Commissioner (Appeals) had erred in treating the corpus donation of Rs. 9,69,676 as voluntary donation and thereby considering it as income of the trust. 1.2 the appellant submits that the donation was given with a specific direction to be credited to the corpus, therefore, the said donation was to be considered as a corpus donation only. 1.3 The appellant also submits that the corpus donation has been invested in approved investments and not spent on charitable activities as stated by the Commissioner (Appeals). Ground No. 2 : donation to Nathadwara trust -Rs. 1, 75, 000 2.1 the appellant submits that the learned Commissioner (Appeals) has erred in holding that the donation to Nathdwara trust of Rs. 1,75,000 attracts the provision of section 13(l)(c) and, therefore, the assessee is not entitled to exemption under section 11 of the Income Tax Act. 2.2 the appellant submits that the said donation did not attract the provision of section 13 as the donation was for general public utility and not for personal benefit. 2.3 the appellant further submits that the learned Commissioner (Appeals) ought to have considered that the learned Director of Income Tax (Exemption) had himself granted certificate under section - 80G, after considering all the facts including the above profit. "
(3.) THE assessee is a charitable trust created after the death of Smt. Shantadevi. According to the will of Smt. Shantadevi, gold jewellery of Rs. 9,69,675 was given as donation to the assessee trust. It is the claim of the assessee that the said jewellery was received as corpus of the trust and accordingly deductible from income under section 11(l)(d). The deduction from income under section 11(l)(d) was denied to assessee by assessing officer on the ground that from will it is not clear that the said donation was given to the corpus of the trust. It is the case of the assessee that the donation was given only to the corpus of the trust which is clear from the will as well as from the letter of executor of will. For the sake of convenience the relevant portion of the translation of will of para 3 (original will is in Gujarathi) and a copy of the letter of executor of the will are reproduced below : "3. My property No. 17'as described whatever ornaments are there my husband to form a trust and in that trust same to be kept if no trust is made, to be given to a trust which is going on." (Property mentioned at Sr. No. 17 is gold ornaments weighing 2,700 gms. valuing Rs. 6,82,560) JUDGEMENT_89_LAWS(BOM)10_2003.html;