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
trustees of the assessee. The object
of the society was charitable and similar to the objects of the assessee
trust. The assessee provided the funds ... objects pursued by the assessee
fall within the said definition. Even if the objects of a trust satisfies the
definition of "charitable purpose
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
stated that the
means and objects, for which the Trusts were set up, were clearly charitable. Learned
counsel also relied upon the minutes ... clearly showed that the
said Trust was granted land on the basis of its aims and objectives which were
charitable and to provide treatment
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
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
High Court observed as under:-
"As noticed above, from the objects of the assessee, it is
conducting training centres and colleges for various courses ... observations made by the Supreme Court in Loka
Shikshana Trust 's case [1975] 101 ITR 234 (SC), for holding
that, the assessee
