1973 (7) TMI 7 - HC - Income Tax

Whether having regard to the terms of the constitution of the assessee-association the properties of the assessee-association are held under trust or other legal obligation so as to qualify for exemption under section 4(3)(i) ? - If the constitution of the trust provides for elected standing committee and managing committee for administration of the trust, whether it can claim exemption under section 4(3)(i)

Summary

Issues:
Interpretation of section 4(3)(i) of the Income-tax Act, 1922 in relation to the constitution of an assessee-association for exemption qualification.

Analysis:
The High Court of Bombay, in a reference under section 66(1) of the Income-tax Act, 1922, addressed the issue of whether the properties of an assessee-association are held under trust or other legal obligation to qualify for exemption under section 4(3)(i). The assessee in question was Lad Parishad Karyalaya, Bombay, formed in 1947 under a written constitution in Gujarati. The constitution outlined the object of the association, established a standing committee, and a managing committee with defined functions and powers. Notably, the revenue did not contest the charitable nature of the association's object during the assessment proceedings. Despite attempts by the revenue to challenge this later, the Tribunal rejected such contentions, leading the Court to proceed on the assumption that the association's object was charitable.

The Court emphasized that a formal deed of trust is not mandatory to establish that property is held under trust or legal obligation. Referring to the All India Spinners' Association case, it was noted that the constitution of an association can create a legal obligation binding on its members, trustees, and committees. In this case, the provisions of the association's constitution, particularly clause 18, restricted the use of the association's property to the objectives outlined in the constitution. Consequently, the Court concluded that the property of the assessee-association was indeed held under trust or legal obligation as required by section 4(3)(i) for exemption qualification.

Given the absence of a challenge to the charitable nature of the association's object during the assessment process, the Court applied the provisions of section 4(3)(i) directly. As a result, the Court answered the reference question in the affirmative, indicating that the revenue was liable for the costs of the reference. The judgment reaffirmed that the association's properties were held under trust or legal obligation, meeting the criteria for exemption under the Income-tax Act, 1922.