THANTHI TRUST Vs. ASSISTANT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE writ petitioners have been filed for these of write of certiorari to quash the orders in No. 47-005-AZ-5117 of 1979-80 to 47-005-AZ-5117 of 1983-84 dated July 28, 1988, made in respect of the assessment years 1979-80 to 1983-84, respectively, on the petitioner-trust.

(2.) THE petitioner-trust was created an instrument of declaration of trust on March 1, 1954, for the purpose of establishing the Tamil daily ("Daily Thanthi") by the founder of the said newspaper one Sri S. B. Aditanar, who was carrying on the business of printing and publishing of the said newspaper as a sole proprietor since 1942. THE petitioner-trust is an assessee on the file of the respondent-Income-tax Officer in P.A. No. 47-005-AZ-5117.

(3.) IN the course of assessment for the years 1979-80 to 1983-84, the respondent raised the objection regarding the claim of exemption under section 11 of the Act on the ground that by virtue of section 13(1)(bb) of the Act the trust is not entitled to claim exemption. The petitioner herein contended that the Division Bench of this court has categorically held that the business is carried on in the course of actually carrying out of the purpose of the trust and hence the petitioner is entitled to claim exemption. The respondent has rejected that contention holding that the decision of this court will not be applicable after the introduction of section 13(1)(bb). On this ground, the respondent has passed orders for all the assessment years holding that the petitioner is not entitled to claim exemption. IN the above circumstances, the petitioner-trust has filed these write petitions seeing the relief set out earlier in the opening paragraph of this order.