Irrevocable trust dedication cannot be varied by a later deed, preserving charitable status and tax exemption.

An irrevocably dedicated trust cannot have its essential objects altered by a later deed executed without authority in the trust instrument; the 1 July 1944 deed was therefore inoperative, and the trust continued to be governed by the original 28 November 1941 deed. On that basis, the trust's objects were treated as charitable, the dedication remained absolute and irrevocable, and the trust qualified as a genuine public charitable trust. Its income was accordingly eligible for exemption under the relevant income-tax provisions for the assessment years in question.

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Issues: (i) Whether the later deed of 1 July 1944 could alter the objects of the trust originally created by the partnership deed of 28 November 1941 and bind the assessee for the relevant assessment years; (ii) Whether the trust constituted under the deed of 28 November 1941 was a public charitable trust entitled to exemption under the applicable income-tax provisions.

Issue (i): Whether the later deed of 1 July 1944 could alter the objects of the trust originally created by the partnership deed of 28 November 1941 and bind the assessee for the relevant assessment years.

Analysis: The original deed became irrevocable after the revocation clause was deleted. No power was conferred on the trustee to amend, vary, or substitute the declared objects. A trustee cannot, without authority in the trust instrument, execute a fresh deed that changes the essential terms of the trust. The later deed was therefore without jurisdiction and could not displace the original dedication. The earlier decision did not preclude examination of the validity and effect of the 1944 deed in the present proceedings.

Conclusion: The deed of 1 July 1944 was inoperative and of no consequence, and the trust continued to be governed by the deed of 28 November 1941.

Issue (ii): Whether the trust constituted under the deed of 28 November 1941 was a public charitable trust entitled to exemption under the applicable income-tax provisions.

Analysis: Once the 1944 deed was ignored as void, the trust had to be tested only on the basis of the 1941 deed. The objects set out in that deed were held to be charitable in nature, and the dedication to charity was absolute and irrevocable. The trust was therefore a genuine public charitable trust, and its income was eligible for the statutory exemption claimed for the relevant years.

Conclusion: The trust was a public charitable trust and was entitled to exemption under the relevant provisions of the income-tax law.

Final Conclusion: The assessee's trust remained governed by the original irrevocable dedication and was entitled to tax exemption for the assessment years in question.

Ratio Decidendi: Where a trust has been validly and irrevocably dedicated, neither the founders nor the trustee can unilaterally vary its objects by a later instrument, and the trust must be judged on the basis of the original deed for exemption purposes.

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