Allahabad High Court
Commissioner Of Income-Tax vs Anand Swarup Brijendra Swarup ... on 10 September, 1990
Equivalent citations: [1991]187ITR656(ALL)
Author: B.P. Jeevan Reddy
Bench: B.P. Jeevan Reddy
JUDGMENT B.P. Jeevan Reddy, C.J.
1. The question referred by the Tribunal under Section 256(1) of the Income-tax Act, 1961, reads thus :
"Whether, on the facts and in the circumstances of the case, if one of the objects of a trust is to provide monetary help for marriages or sacred thread ceremonies, the trust is rendered non-charitable or non-religious or continues to remain a public charitable and religious trust ?
2. An identical question was considered by this court in Income-tax Reference No. 617 of 1977 disposed of on August 9, 1990 (CIT v. Surjit Devi Kunji Lal Jaipuria Charitable Trust (No, 2) [1990] 186 ITR 745). It was held that a stipulation of the kind referred to in the question does not render the trust a non-charitable one. Following the said decision, the question referred herein is answered in the negative, i.e., in favour of the assessee and against the Revenue.
3. No costs.