1972 (6) TMI 11 - HC - Income Tax

Charitable Purpose - objects and functions of the institution - general public utility - trust for promotion of unity among members of community and for complete development of all aspects of life of members of a community - purpose beneficial to the public - therefore, this was a charitable trust

Summary

Issues Involved:
1. Whether the purposes set out in sub-clauses (4) and (5) of clause 3 and sub-clause (4) of clause 8 of the assessee's constitution are "charitable purposes" under the Indian Income-tax Act.
2. Whether the beneficiaries of the assessee's purposes constitute a section of the public.

Issue-Wise Detailed Analysis:

1. Charitable Purposes:
The primary issue was whether the purposes outlined in sub-clauses (4) and (5) of clause 3 and sub-clause (4) of clause 8 of the assessee's constitution qualify as "charitable purposes" under section 4(3)(i) of the Indian Income-tax Act, 1922, and section 11(1)(a) of the Income-tax Act, 1961.

Sub-clause (4) of Clause 3:
- This sub-clause speaks of "acts useful to the community," which falls within the definition of "charitable purpose" as it embodies an object of general public utility.

Sub-clause (5) of Clause 3:
- This sub-clause consists of two parts. The first part promotes "unity and brotherhood amongst the members of the community," which is beneficial to the community and thus qualifies as a charitable purpose.
- The second part aims at the "complete development of all aspects of life of each male and female member of the community." This is interpreted to mean economic, physical, intellectual, and spiritual well-being, which are beneficial to the public and thus qualify as charitable purposes.

Sub-clause (4) of Clause 8:
- This sub-clause involves the management of community events like Havan, Bhandaro, and processions. While the revenue contended that Bhandaro (community dinner) was not charitable, the court held that it could be a religious purpose. The performance of Havan and other religious activities were deemed to be religious, if not charitable, purposes.

2. Beneficiaries Constituting a Section of the Public:
The second issue was whether the beneficiaries of the assessee's purposes, i.e., the members of the Rana community in Ahmedabad, constitute a section of the public.

- Initially, the revenue and the High Court held that the beneficiaries did not constitute a section of the public. However, this view was reversed by the Supreme Court, which held that the beneficiaries did constitute a section of the public, thereby fulfilling the necessary element of public benefit.

Conclusion:
The High Court concluded that the properties belonging to the assessee were held under legal obligation wholly for charitable or religious purposes. Therefore, the income derived from those properties was exempt from tax under section 4(3)(i) of the Indian Income-tax Act, 1922, for the assessment years 1960-61 and 1961-62, and under section 11(1)(a) of the Income-tax Act, 1961, for the assessment year 1962-63. The question referred to the court was answered in the affirmative, and the Commissioner was ordered to pay the costs of the reference to the assessee.