Indian Kanoon - Search engine for Indian Law

4. The Tribunal held, after considering the order dated April 18, 1967 in ITA No. 4143 of 1964-65, that the assessee could not be charged with having paid the amount for a non-charitable purpose. It, therefore, accepted the assessee's claim.

5. It appears further that on December 30, 1959, a deed of trust had been executed in the case of Shri Lakshmi Nath Seva Trust and the deed of trust was found to contain public charitable and religious objects. The Tribunal on February 8, 1961, held, when certain amounts were transferred to the accounts of the trust, that it could be said that the trustees held the amount for religious or charitable purpose and that the exemption under Section 4(5)(i) in respect of the income of the said trust would come into operation as on that date. It is the conclusion regarding the nature or character of the said trust which was followed in the order under reference. The Tribunal, on the present occasion, could not go into the question as to whether the terms of the Lakshmi Nath Seva Trust deed were in any manner void or uncertain as the trust deed was not before it in the present occasion.