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TMI Blog1997 (12) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... According to the noted jurist Ihering, 'juristic person' is but a symbol to help in effectuating the purpose of the group, it amounts to putting a bracket round the numbers in order to treat them as unit. Artificial Juridical Person is a unit of assessment. This was inserted in the Income-tax Act, 1961 (hereinafter called the Act). It was not in 1922 Act. Then all such Juridical Persons were assessed as individuals. 4. The word Juridical Person is not defined in the Act. In a wider sense, it connotes an aggregate of property i.e., recognised by law as the subject-matter of rights and duties. It is the creation of the rules of procedure. A Hindu idol is a Juridical Person capable of holding property and of being taxed through its shebaits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not necessary to vest the lands in trustees. The mere execution of a deed, though it may purport on the face of it to dedicate property to an idol, is not enough to constitute a valid endowment. 7. In the given cases, the Trusts are created and one of the objects of the Trust is to establish a temple in the name of the deity specified in each of the Trust deed at S-228, Greater Kailash-11, New Delhi-48. This is the residential house where the settlors and trustees are residing. All the five Trusts are required to establish temples in the name of the specified deities at the same residential premises. The affairs of an these Trusts reveal a similar pattern as would be obvious from the following chart:- ----------------------------- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 31-3-1992 Funds as in the family concern of Ramniwas Subhash Chander Lakhotia utilised on 31-3-1992 8. I have considered the aforesaid facts. Lord Ganesha who was claimed to be the beneficiary of one of the trusts did get no benefit out of the trust funds. Only Rs. 380 were spent during the entire year for all the purposes of the Trust. It is not known what amount assessee spent on Lord Ganesha. Similar to is the position in other trusts also. There is no evidence to show that the deities were installed at S-222, Greater Kailash or at any other place. Settlor made the trust not for the worship of NIRAKAR BRAMHA. If idol is not there in existence, how it can be construed to be a beneficiary. And when idol is not there, how property can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary: First, words must be 19 so used that on the whole they ought to be construed as imperative; 2. subject matter of the Trust must be certain and 3. the object or person intended to have the benefit of the Trust must be certain. 10. The objects of the Trust as listed in the deed of trust are; 1. To establish a temple of the specified deity at S-228, Greater Kailash-11, New Delhi 110 048 for the private worship. 2. Dridra Narayan Seva, 3. Bhandara, 4. Jagran, 5. Welfare of the poor by the settlor, his family, friends and relatives. In the case of Subhash Lakhotia Dharmarth Trust, the object includes religious activity for Hindu deity, worship of Hindu deity, Bhandara, Prasad or Bhog in the name of the deity, conducting yatra and da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or in part thereof is not specifically receivable by the trustee on behalf of or for the benefit of such sole beneficiary. In the instant case, the beneficiary of the Trust was stated to be the deity. The trustees are also required to do Dridra Narayan Seva, Bhandara, Jagaran, welfare of the poor, activity connected with the religion, etc., etc. as per the terms of the Trust Deed. The share was not allocated. It is abundantly clear from the facts that no significant amount was spent on the objects of the Trust. The money collected was utilised by the family concerns. I do not know, in these circumstances, how idol can be construed to be the beneficiary of the Trust when real benefit is derived by someone else. More so, idol is not made, ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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