objects of the trust and
the powers of the trustees and held that though the objects as per the trust deed
were undoubtedly charitable, clauses ... carried on by the trust are utilised by the trust for the purposes of
achieving the objectives of the trust, then the business should
case cited supra. The Nizam of
Hydrabad created a trust for charitable and religious objects, some of which
had to be effectuated in the taxable ... objects, and the trustees are
given an unfettered discretion to apply the income for an object which is
not a charitable object, the entire income
fixed assets utilised for the charitable objects of
the trust.
7. By the time the appeal came to be heard by the CIT(Appeals ... regards the claim of depreciation on fixed assets
utilised for charitable objects of the trust, he accepted the assessee‟s
claim on the basis
business is incidental to the attainment of the objectives of the trust and; (b) the trust
or institution maintains separate books of accounts in respect ... predominant object of
the activity, the purpose, though an object of general public utility would cease to be a
charitable purpose. It was held
properly filled up. He may also see
whether the objects of the trust are charitable
or not. At this stage, it is not proper ... objects of
the trust have to be taken into consideration by the
authority and the objects of the trust could be read
from the trust
person in receipt thereof--
.................
(c) in the case of a trust for charitable or religious
purposes or a charitable or religious institution,
any income thereof ... defines "charitable purpose". The last
portion thereof includes "advancement of any other object of
general public utility". It is accepted position
present suit has been filed by the sole
plaintiff namely Shiv Mandir Trust through its manager Kishore Saini.
Averments made in the plaint are contained ... charitable body which has actually deviated from its object of
charity because of a conspiracy by some defendants, being a mis-
management of the trust
petitioner for themselves as well
as carrying on further activities of charitable trust as the same has been
founded by the predecessors of the trustees ... petitioner and to carry on
the activities of the charitable trust. The suit premises is required by the
petitioner for their bonafide used to accommodate
person is carrying on charitable activity, are no longer
relevant and apposite. Even if the profits earned are used for
charitable purposes, but fee, cess ... primary or dominant purpose of the trust or institution has
to be examined to determine whether the said trust/institution
was involved in carrying
Commissioner Of Income Tax Del vs M/S Shankar Trading Co. P. Ltd on 9
