PANCHANAN DAS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference made under s. 66(1) of the Indian IT Act in which the Tribunal formulated the following question for the opinion of this Court :--

(2.) THE question was involved in five appeals to the Tribunal. THE income which was sought to be assessed in this case was income of certain deities and the income had been provided as the result of an arpannama dt. 30th Aug., 1940, executed by Sri Nut Behari Das by which he dedicated certain properties to three deities Sri Sri Durga Mata, Sri Sri Lakshmi Mata and God Sri Sri Krishna Param Pravu. In the recitals to this deed the settlor or dedicator observed :--

(3.) MR. Pal on behalf of the IT authorities has contended, and I think rightly, that having regard to this provision the shares of the deities must be regarded as indeterminate. The shebait at his discretion could alter the shares and therefore there was no finality about the shares.