YOGIRAJ CHARITY TRUST Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE are seven references at the instance of the assessee, M/s Yogiraj Charity Trust, .10, Daryaganj, Delhi. A common statement of case was submitted by the Tribunal for the seven assessment years in question, i.e., for asst. yrs. 1959 -60 to 1965 -66 respectively. The following two questions of law have been referred for the opinion of this Court:

(2.) BOTH these questions are in fact to the same effect. The first question has been referred in the three references arising out of assessments for asst. yrs. 1959 -60 to 1961 -62 as made under the old Act of 1922. The second question has been referred in the other four references relating to asst. yrs. 1962 -63 to 1965 -66.

(3.) AT this stage we may give some of the clauses of the trust deed of the assessee trust which was executed unilaterally by Seth Dalmia on March 7, 1949, and with reference to which primarily the High Court and the Supreme Court had negatived the claim of the assessee -trust to exemption.