ASSEMBLY ROOMS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE reference is at the instance of the assessee. THE assessment year is 1979-80. THE question referred to us is, as to whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the asses-see-trust was not entitled to exemption under Section 11 of the Income-tax Act, 1961.

(2.) THE assessee, known as Assembly Rooms, is a trust which was created in the year 1923. It was created by Lord Willingdon. THE trust deed has not been produced before us. THE assessee relied upon the clauses in the trust deed extracted in the order of the Appellate Assistant Commissioner for the years 1977-78, copy of which was placed before us. THE Revenue does not dispute the correctness of its contents. That order merely sets out certain clauses in the trust deed. In the absence of the trust deed, we can only refer to the clauses so extracted and decide the assessee's claim with reference to those clauses, as the assessee relies solely on those clauses to support its claim for exemption of its income under Section 11 of the Act.

(3.) PARAGRAPH 544 also refers to the Recreational Charities Act, 1958, a U. K. statute, which does not have a parallel in India.