COMMISSIONER OF INCOME TAX vs SMT. SARBMANGALA DEVI.

By the Court - These cases relate to the assessee Sarbmangala Devi and Taxation Case Nos. 121 to 125 of 1976 relate to the assessee Dr. P. R. Chakarvarty. Both of them relate to the same period of assessment year, namely, asst. yrs. 1967-68 to 1971-72.

The point of law referred in the statement of cases submitted to this Court under s. 256(1) of the IT Act, 1961 is identical, namely, "whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal were correct in law in holding that the receipts of Pranamis were casual and non-recurring and exempt under s. 10(3) of the IT Act, 1961 ?" The same question was referred to this Court in Taxation Case Nos. 255 to 262 of 1976 reported as Commissioner of Income Tax Vs. Sarbamangala Devi and Dr. P.R. Chakravarty, in which both the assessees cases were made analogous to each other and therefore, a common judgment in respect of both of them was delivered by this Court on 20-3-1986.

Since, however, the instant cases have not been made analogous, therefore, two judgments and orders shall have to be differently recorded as a matter of mere formality. Therefore, for the reasons given in Taxation Case Nos. 255 to 262 of 1976 we hold that the Tribunal was correct in law in holding that the receipts of Pranamis were casual and non-recurring and exempt under s. 10(3) of the IT Act, 1961. The question is accordingly answered in the against the revenue. However, in the peculiar circumstances of the case the parties will bear their own costs.