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Documents citing Lakshmi Narain Lath Trust vs Commissioner Of Income-Tax on 10 November, 1965

Laxminarain Lath Trust vs Commissioner Of Income-Tax on 14 May, 1987

22. We are also of the view that the supplementary deed binds the trustees who were parties to the said deed as well as future trustees of the assessee and in view of the supplementary deed, it is no longer permissible for the trustees of the assessee to use the trust funds for giving aid to persons belonging to the family of Laths. As a result, the flaw which was found by this court in its judgment in Lakshmt Narain Lath Trust v. CIT, [1969] 73 ITR 402, that a discretion was vested in the trustees to apply the funds of the trust towards the object contained in Clause 2(vi) of the object clause, i.e., to give aid to the persons belonging to the family of Laths and that, therefore, it was not a trust for charitable purposes, no longer exists. After the execution of the supplementary deed dated May 21, 1958, which is binding on the trustees, it is not open to the trustees to give aid only to persons belonging to the family of Laths and, therefore, it is not permissible for the trustees to apply the funds of the assessee for non-charitable purposes. In these circumstances, we are of the opinion that after execution of the supplementary deed dated May 21, 1958, it cannot be said that the income of the assessee could be used for non-charitable purposes and that the income of the trust was not used wholly for charitable purposes. We are, therefore, unable to agree with the Tribunal that the income of the trust is not entitled to exemption under Section 11 of the 1961 Act.
Rajasthan High Court - Jaipur Cites 21 - Cited by 8 - S C Agrawal - Full Document

The Commissioner Of Income-Tax, New ... vs Jaipur Charitable Trust, Delhi on 26 May, 1970

11. Similar view was taken in the case of Lakshmi Narain Lath Trust v. Commr. of Income-tax, . One of the objects of the trust deed in that case was not of a religious or charitable nature though in fact it was found that the income of the trust had been used exclusively for charitable purposes. It was held that in view of the full discretion in the trustees to spend the trust funds for an object other than of a religious or charitable nature, the exemption under Section 4(3) (i0 of the Act was not available to the assessed. In the case of (supra), the primary objects of the Andhra Chamber of Commerce were to promote and protect trade, commerce and industries, to aid, stimulate and promote the development of trade, commerce and industries, and to watch over and protect the general commercial interests of India or any part thereof. It was provided that the income and property of the Chamber of Commerce would be applied solely towards the promotion of its objects. The Chamber of Commerce, after purchasing a building, made some alliterations in it and moved its offices into that building and let out portions of it to tenants. Question arose whether the building was property held under a trust or other legal obligation wholly for charitable purposes and the income from that building was exempt from tax under Section 4(3) (i) of the Act. It was held that the primary objects of the trust being of general public utility were of a charitable nature. it was pointed out on behalf of the revenue that according to Clause 3(g) of the Memorandum of Association of the Chamber, it could urge and oppose legislative and other measures affecting trade, commerce or manufactures, and such object of the Chamber was not wholly of a charitable nature. Repelling the above contention, Shah, J. speaking for the Court, observed:
Delhi High Court Cites 15 - Cited by 1 - H R Khanna - Full Document

The Commissioner Of Income-Tax vs Jaipur Charitable Trust on 26 May, 1970

(15) Similar view was taken in the case of Lakshmi Narain Lath Trust v. Commissioner of Income-tax One of the objects of the trust deed in that case was not of a religious or charitable nature though in fact it was found that the income of the trust had been used exclusively for purposes. It was held that in view of the full discretion in the trustees to spend the trust funds for an object other than a religious or charitable nature, the exemption under section 4(3)(i) of the Act was not available to the assessed.
Delhi High Court Cites 15 - Cited by 13 - H R Khanna - Full Document

Yogiraj Charity Trust vs Commissioner Of Income-Tax, New Delhi on 30 March, 1976

The test is that if one of the objects of the trust deed is not of a religious or charitable nature and the trust deed confers full discretion on the trustees to spend the trust funds for an object other than of a religious or charitable nature, the exemption under section 4(3) (i) of the Act is not available to the assessee. (See Lakshmi Narain Nath Trust v. Commissioner of Income Tax(2).
Supreme Court of India Cites 15 - Cited by 53 - A N Ray - Full Document

Sree Gurudham Yogoda Satsanga ... vs Cit (Exemptions), Kolkata , Kolkata on 18 March, 2020

Registration is done as stipulated in sec. 4 and after successful registration the Registrar shall certify as per sec. 7 of the W. B. societies Registration Act. Further, the question as to what documents to be produced by the assessee for registration u/s. 12A of the Act has been clearly spelled out by the Hon'ble Madhya Pradesh High Court in Laxminarayan Mahajan (infra) wherein it has been laid down that where a Trust or institution is created under an instrument, then Rule 17 requires filing of the instrument in original. However, when the assessee is created 'otherwise''(than by an instrument) then assessee has to produce constitutive and evidential documents which embraces within its fold all documents which afford a logical basis of inferring creation of the trust/assessee. We rely for this proposition the decisions in CIT Vs. M/s. Ambala Public Educational Society, ITA No. 118 of 2016 (P&H High court) and the Hon'ble MP High court decision in Lakshmi Narayan Maharaj Vs. CIT (1984) 150 ITR 465 (MP) wherein the Hon'ble Madhya Pradesh High court has held as under:
Income Tax Appellate Tribunal - Kolkata Cites 11 - Cited by 0 - Full Document

Ashwini Sahakari Rungnalaya & Research ... vs Commissioner Of Income-Tax, ... on 7 March, 2024

In such circumstance their Hon'ble lordships in 'Yogiraj Charity Trust Vs CIT' (supra) reiterating its ratio laid in 'Lakshmi Narain Lath Trust Vs CIT', [1969] 73 ITR 402 'East India Industries (Madras) Pvt. Ltd. Vs CIT' [1967] 65 ITR 611 (SC) and 'Mohammad- Ibrahim Riza Malak Vs CIT' AIR 1930 PC 226, have held that, the assessee is not eligible for registration, consequently de-horsed from claiming exemptions.
Income Tax Appellate Tribunal - Pune Cites 52 - Cited by 0 - Full Document
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