1976 (5) TMI 26

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.... there. It was necessary to constitute a trust for the management, development and expansion of the colleges and the hostels attached thereto. The Board of Directors of the S.N.D.P. Yogam then resolved for the constitution of the trust and total value of the assets were handed over to the trustees. The objection of the trust were to maintain the colleges handed over and to establish other similar institutions. There was one clause, cl. (c), which read as follows :— "to establish and maintain other Institutions intended for the educational, cultural, economic, social and religious welfare and advancement and for the physical well-being of the people". Cl. (d) read as follows:— "to accept any other TRUST created by any one of bod....

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.... be non-charitable, submitted that the same interpretation should be placed in cl. (c) of this trust. He also submitted that cl. (d) was beyond that ambit of charity according to law. The learned counsel for the assessee submitted that the word "material well-being" should be contrasted to "spiritual well-being" and according to the Kerala High court "spiritual well-being" is an object of charity 87 ITR 175 (Ker). 5. We are not inclined to accept the submissions of the departmental representative. In our opinion, both cl. (c) and cl. (d) are charitable objects. Taking cl. (c) first, it enables the trustees to establish and maintain certain institutions. These institutions could be for educational, cultural etc., welfare and also for the ....

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....ider in ambit. Here any matter which could be treated as referable to public utility could be charitable object. Under English law, however, it is to be construed in a narrow manner. That was because the object has to be viewed against the statute of Elizabeth which gave certain objects as charitable. In the passing of the centuries since the statute the English Courts apply a spirit and intentment of the Statute of Elizabeth in order to find out if an object will be charitable. Thus in English law an object of philanthropy is not charitable, an object of physical well-being is not charitable because it did not come within a spirit and intentment of the Statute of Elizabeth. India Law is not so fettered and here the touc stone is only publi....