ANAND CHARITABLE TRUST Vs. COMMISSIONER OF WELTH TAX

JUDGEMENT

(1.) . All these writ petitions involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) . However, the fact of the matter is being noticed from CW 129 of 1982.

(3.) . The petitioner is a public Charitable Trust constituted and founded in terms of Indenture dated 8/04/1971 made by Shri Dharam Chand Anand. The founder constituted an HUF under and name and style of 'Dharam Chand Anand & Sons' wherein his wife Smt. Chandan Kanta Anand and his sons - S/Shri Deep Chand Anand, Jagdish Chand Anand, Kuldip Chand Anand and Shri Satish Chand Anand were members. They held 4,500 shares in Gabriel India Limited. A smaller HUF constituting of himself and his wife Smt. Chandan Kanta had also been created and the said smaller HUF owned 2000 shares in Asia Automotive Pvt. Ltd. The said HUF donated to the petitioner 1000 shares value of Rs.100.00 each of Gabriel India Limited on 4/02/1972 and 500 equity shares of face value of Rs.100.00 each of Asia Automotive Pvt. Ltd. on 10/04/1975.