BANERJI MEMORIAL CLUB Vs. COMMISSIONER OF WEALTH TAX

JUDGEMENT

(1.) THE following two questions expect our answer with regard to the proceedings under the Wealth -tax Act, 1957, in the matter of the assessee, Banerji Memorial Club, for the assessment year 1978 -79 :

(2.) AS regards question No. 1 as to whether the applicant -assessee is a public charitable trust or not, a bare reading of the background as available from the document (annexure "D") relied upon in support of the contention would be more than enough. The said background is as follows :

(3.) WE have gone through the contents of annexure "D" which is "Club Directory of 1989". The aims and objects reproduced hereinabove are undisputed even by learned counsel for the assessee. When we read the document with the help of counsel, certain features that the object is purely of a social character and that too only to afford to the members for certain stated purposes (quoted above) made it abundantly clear that the assessee is far away from being a trust because of the emergence, as stated above, mainly purely and specifically for affording facilities to the members thereof. This affording of facilities as found to have been specified would also obviously show that the assessee is understood only to be looking after the members.