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2001 DIGILAW 1383 (MAD)

Commissioner of Income Tax v. Gordhandas Bhagwandas Charitable Trust

2001-11-22

A.K.RAJAN, R.JAYASIMHA BABU

body2001
Judgment :- R. JAYASIMHA BABU, J. The Tribunal followed an order made by it in another case where the facts are similar. That order was brought before us in a reference and that reference was answered by us against the Revenue. The decision is in the case of CIT vs. Samyuktha Gowda Samswatha Sabha. It was held therein that the objects of the assessee were spreading education and other objects of general utility. The letting out of the Kalyana Mandapam was not one of the objects of the assessee, but an activity carried on to fulfil the objects of the trust. The income derived from the Sabha was not its business income, but its property income and, therefore, the provisions of s. 13(1)(bb) of the IT Act, 1961, were not applicable. 2. In this case also the object of the trust is to provide medical relief to the poor and spread education. The income received by it by letting out the Kalyana Mandapam is, therefore, income from property and not business income. The income of the assessee was, therefore, entitled to exemption under s. 11 of the IT Act. 3. We, therefore, answer the question referred to us as to whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitled to exemption in respect of amounts received from letting out of the marriage hall to the general public, in favour of the assessee and against the Revenue.