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CWP No.6171 of 2010 9
"But even if such a contention were permissible, we do not think
there is any substance in it. The law is well settled that if there are
several objects of a trust or institution, some of which are charitable
and some non-charitable and the trustees or the managers in their
discretion are to apply the income or property to any of those objects,
the trust or institution would not be liable to be regarded as charitable
and no part of its income would be exempt from tax. In other words,
where the main or primary objects are distributive, each and every
one of the objects must be charitable in order that the trust or
institution might be upheld as a valid charity; vide Mohd. Ibrahim v.
CIT (1930) 57 IA 260 and East India Industries (Madras) P. Ltd. v.
CIT (1967) 65 ITR 611 (SC). But if the primary or dominant purpose
of a trust or institution is charitable, another object which by itself
may not be charitable but which is merely ancillary or incidental to
the primary or dominant purpose would not prevent the trust or
institution from being a valid charity; vide CIT v. Andhra Chamber
of Commerce (1965) 55 ITR 722 (SC). The test which has, therefore,
to be applied is whether the object which is said to be non-charitable
is a main or primary object of the trust or institution or it is ancillary
or incidental to the dominant or primary object which is charitable."