1967 (7) TMI 41 - HC - Income Tax

Income derived from the trust property - amounts spent on the maintenance and support of the S family cannot be a charitable object - not exempt under s. 4(3)(I)

Summary

Issues:
Interpretation of section 4(3)(i) of the Indian Income-tax Act, 1922 regarding exemption of income derived from trust property for maintenance and support of family members and relatives under charitable purposes.

Analysis:
The High Court of Allahabad addressed a reference under section 66(1) of the Income-tax Act, 1922, regarding the exemption of income derived from trust property for the maintenance and support of family members and relatives under section 4(3)(i) of the Act. The trust deed in question provided for devoting one-third of the net income for the maintenance of the Shervani family and relatives, with discretion given to the trustees to support deserving individuals. The trustees sought exemption for the entire one-third income under clauses 2(A), 2(B), and 2(C) of the trust deed. The Tribunal partially allowed the appeal, directing the Income-tax Officer to grant exemption only for amounts spent on outsiders deemed deserving of support.

The High Court analyzed the trust deed and resolutions passed by the trustees, emphasizing that the purpose of the trust was to utilize income for charitable objects and family maintenance. The court noted that the discretion given to the trustees to support deserving individuals did not specify criteria such as indigence or charity. The court also cited the definition of "charitable purposes" under section 4 of the Act, highlighting that relief to individuals must involve a general public utility to qualify as charitable. The court concluded that amounts spent on family maintenance could not be considered charitable objects under section 4(3)(i) of the Act.

In supporting its decision, the High Court referenced various judicial precedents, including Commissioner of Income-tax cases, to establish that family maintenance does not fall under charitable purposes. The court distinguished other cases cited by the assessee, emphasizing the specific terms and objectives of the trust deed in question. Ultimately, the court answered the reference question in the negative, in favor of the department, directing the assessee to pay costs of the proceedings and the counsel's fee.

In conclusion, the High Court clarified the interpretation of section 4(3)(i) of the Income-tax Act regarding the exemption of income derived from trust property for family maintenance under charitable purposes. The court's analysis focused on the trust deed provisions, the definition of charitable purposes, and relevant judicial precedents to determine that family maintenance does not qualify as a charitable object for tax exemption purposes.