1984 (8) TMI 30

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....Kayan of 103 Park Street, Calcutta, installed two deities known as Radha Krishna Jew and Ladoo Gopal and erected a temple at Villa Rose being premises No. 156, Victoria Road, Baranagore. By a deed of settlement dated February 14, 1951, the settlor dedicated certain properties into the said deities. He constituted himself as the first trustee/shebait with a right of residence for himself and his fa....

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....unt that was actually spent for the purpose of charity. The Tribunal accepted this contention of the Revenue. The Tribunal, however, allowed 20% of the income that was remained unspent as exempt from income-tax under s. 4(3)(i) of the Indian I.T. Act, 1922. On that aspect of the matter, the Revenue has raised the following question of law : " Whether, on the facts and in the circumstances of th....

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....r, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee's income from property was liable to be assessed under section 9 of the Indian Income-tax Act, 1922 ? " Since nobody has appeared on behalf of the assessee, the question raised by the assessee need not be answered. We are only concerned with the case of the Revenue that the Tribunal was....

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.... held that the money that was accumulated must be taken to have been accumulated for those purposes. There is no reason why this finding should be disturbed. In our opinion, the Tribunal has not committed any error of law. The fact is that a portion of the income of the trust was not spent for charity. It was also not spent for any non-charitable object. Whether the balance that was carried forwar....