Smt. GANESHI DEVI RAMI DEVI CHARITY TRUST vs COMMISSIONER OF INCOME- — 1972 PTD 275

Citation: 1972 PTD 275

Court: Calcutta High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Smt. GANESHI DEVI RAMI DEVI CHARITY TRUST vs COMMISSIONER OF INCOME- JUDGMENT

Headnotes

Case cited as 1972 PTD 275

Judgment Text

Court Name: Calcutta High Court Judge(s): Sankar Prasad Mitra, K. L. Chatterjee Title:Smt. GANESHI DEVI RAMI DEVI CHARITY TRUST vs COMMISSIONER OF INCOME- JUDGMENT Reported As: 1972 PTD 275 Result: N/A Judgment JUDGMENT CHATTERJEE, J.--The two questions which have been referred to this Court are as follows: "(1) Whether, on a true construction of the deed of trust dated 15th September 1941, the trust in question was a public religious and charitable trust and as such the income of the trust is exempt under section 4(3)(i) of the Income-tax Act, 1922 ? (2) If the answer to question No. 1 is in the negative, whether the Tribunal was right in holding that section 41 of the Indian Income-tax Act, 1922, was applicable and the assessment of tax eras to be made at the maximum rate ?" The first point refers to the deed itself and, therefore, let me refer to the deed which is printed at page 20 of the paper-book. The deed provides as follows: "To Have And to Hold the said premises set out in the schedule hereunder written unto the said Protapmull Bagaria, Ranglal Bagaria, Gangadhar Bagaria, Indra Chand Bagaria and Onkarmull Jhoonjhoonwalla upon the trusts and for the purposes hereinafter mentioned, viz : (a) The name of the trust hereby created shall be styled `Sreemati Ganeshi Debi Sreemati Rami Debi Charitable Trust' . . . . . (c) The trustees shall out of the income to be derived from the trust property duly carry on the worship of the said deities Sri Ram Sita and Lakshman…

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