9911796707
TMI Blog1973 (7) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... ntentions raised in this reference lie in a very narrow compass it is unnecessary to state in greater detail the facts. The assessees in this case are the trustees of Shri Cutchi Lohana Panchtade Mahajan Trust and the assessment is concerned for the assessment years 1952-53 to 1959-60 relating to the accounting periods ending Samvat years 2007 to 2014. There is no controversy between the parties on the fact that in the order of the Tribunal all facts are correctly and properly stated. Some time in the year 1837 certain members of Cutchi Lohana community of Bombay as representatives and managers of the community collected a sum of about Rs. 9,400 from the members of the community for the purpose of acquiring a building "a charitable place fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n or about the year 1952. In the application for grant of registration under the said Act the trustees stated that the income of the trust was being used for the benefit of the members of the Cutchi community by rendering help to the poor and destitutes, rendering assistance to maintain the Daryalal temple and incurring expenditure for the welfare of the caste people. It is on these facts that the question arises whether the income of the trust is exempt from liability to pay tax in view of the provisions of section 4(3)(i) of the Act. Under sub-section (1) of section 4 all income, profits and gains of the nature therein specified are to be included in the total income of any previous year of any assessee. Sub-section (3) of this section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trust or legal obligation. Even if regard be had to the relevant provisions of the deed of conveyance executed as early as in the year 1837, it is quite clear that the property is conveyed to the purchasers as the managers of the community. The matter, however, does not rest there. The indenture further provides that the purchasers are to have and to hold the property in trust for the use and purpose of the sect or caste of the said Kutchee Lohana. Even these statements in the conveyance itself are by themselves sufficient to indicate that the property which was purchased in the year 1837 was held in trust or under a legal obligation. Ever since its purchase it was not even the case of the revenue that it was being used for the personal be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Reliance was however, placed by Mr. Joshi upon the objects that were mentioned in the application for registration of the trust under the provisions of the Bombay Public Trusts Act. In the application it is stated that the income of the trust was being used for the benefit of the members of the Cutchi community by rendering help to the poor and destitute, rendering assistance to maintain Daryalal temple and incurring expenditure for the welfare of the caste people. It is not disputed by Mr. Joshi that any charitable or public trust which has as its object rendering help to the poor and destitute or which is for the benefit of maintenance of a temple will necessarily be for either religious or charitable purpose. His contention, however ..... X X X X Extracts X X X X X X X X Extracts X X X X
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