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1 - 10 of 14 (0.35 seconds)Section 60 in The Income Tax Act, 1961 [Entire Act]
Section 62 in The Income Tax Act, 1961 [Entire Act]
Hakim Abdul Hamid vs Commissioner Of Income-Tax on 23 February, 1972
3. It is common ground that the income of the wakf was exempted from income-tax for a considerable period. It also appears from the Full Bench judgment of this court, Hakim Abdul Hamid v. CIT [1973] 90 ITR 203, that the decision given by this court was that the reserve fund was to be treated exactly like the other income of the wakf, i.e., it was held that the ultimate destination of the reserve fund were the two beneficiaries, the charity and the mutawallis. The proportion in which the reserve fund was to be utilised was also the same. It was, therefore, held that seven eighths portion of the reserve fund was exempt under section 4(3) of the Indian Income-tax Act, 1922, and the remaining one-eighth belonged to the private beneficiaries.
Section 92 in The Code of Civil Procedure, 1908 [Entire Act]
Section 61 in The Income Tax Act, 1961 [Entire Act]
Section 4 in The Income Tax Act, 1961 [Entire Act]
Income Tax Rules, 1962
Additional Commissioner Of Income-Tax ... vs Surat Art Silk Cloth Manufacturers ... on 19 November, 1979
18. In our view. the entire point is now covered by the Supreme Court's judgment in Addl. CIT v. Surat Art Silk Cloth Manufacturers Association [1980] 121 ITR 1. The court pointed out in that case that when the object of a trust was the carrying on of an object of general public utility, it is that object of general public utility which must not involve the carrying on of an activity for profit. It was pointed out that it was immaterial how the money for achieving or implementing such purpose was found. Whether that money was obtained by the running of an activity for profit or not, did not make the charity not charitable. Thus, in the present case, no doubt, the trust earns the money from the Hamdard Dawakhana. If that money is used for charitable purpose and not for the carrying on of any business at a profit, then the object of the trust is charitable, not with standing the source of the income.
Sakthi Charities vs Commissioner Of Income-Tax, Madras on 3 April, 1984
11. It is further submitted that the setting up of research institutions are objects of general public utility and not medical relief. Furthermore, there have been modifications in the wakf deed which are not valid as the objects cannot be deleted even by the beneficiaries. For this purpose, reliance was placed on the judgment of the Madras High Court in Shakti Charities v. CIT [1984] 149 ITR 624. An examination of that case shows that the modification in that case was the result of a suit under section 92 of the Code of Civil Procedure. In the reference, the High Court held that the court under section 92 of the Code of Civil Procedure could not alter the objects of the trust.