COMMISSIONER OF INCOME-TAX, CALCUTTA vs BOARD OF MUTWALLIS TO THE — 1971 PTD 163

Citation: 1971 PTD 163

Court: Calcutta High Court

Year: 1970

Decision Date: 1970-12-31

Parties: COMMISSIONER OF INCOME-TAX, CALCUTTA vs BOARD OF MUTWALLIS TO THE JUDGMENT

Headnotes

Case cited as 1971 PTD 163

Judgment Text

Court Name: Calcutta High Court Judge(s): B. N. Banerjee, K. L. Roy Title:COMMISSIONER OF INCOME-TAX, CALCUTTA vs BOARD OF MUTWALLIS TO THE JUDGMENT Reported As: 1971 PTD 163 Result: answered in the affirmative Judgment JUDGMENT BANERJEE, J.-This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The assessm ent years, which are involved, are 1948-49 to 1958-59. The relevant accounting years for assessm ent years 1948-49 to 1956-57 are the calendar years 1947 to 1955 ; the relevant accounting years for assessm ent years 1957-58 and 1958-59 are the financial years respectively ending with March 31, 1957 and March 31, 1958. The question of law referred to this Court is: "Whether, on the facts and in the circumstances of the case and on a proper construction of the wakfnamah dated the 25th July 1900; the income' of the wakf was exempt from taxation under the provisions of section 4(3)(i) of the Indian Income-tax Act, 1922 ?" The reference has been made in the circumstances hereinafter stated in brief. One Ibrahim Sulaiman Salehjee, now deceased, executed a deed of wakf on July 25, 1900, and thereby created a charitable trust. Hereunder, are set out material portions from the said deed of wakf: "(1) And whereas I am desirous of making wakf of the said land hereditaments hereinafter particularly described upon objects hereinafter mentioned with the motive of obtaining Suwab or religious merit as understood and laid down by the Mohamedan Law of the Haneefa…

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