1981 (6) TMI 23

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....A J.-This is a reference under s. 256(1) of the I.T. Act, 1961, made by the Income-tax Appellate Tribunal, Indore, seeking this court's opinion on the following question : "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee is entitled to the benefit of the exemption under section 11 of the Income-tax Act for its entire incom....

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....only a subsidiary purpose. It was further contended that though the institution was registered in the year 1967, the temple and its buildings were in existence for the last several decades. Learned AAC partly accepted the assessee's contention and held that the purpose of the trust was two-fold, i.e., to look after the property of the temple and to act for the uplift of the Maheshwari Samaj. First....

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....o, whether s. 13(1)(b) was applicable to deprive the assessee-trust of the benefit available to it under s.11 of the Act. The Appellate Tribunal examined two public documents, one, a certificate issued by the High Court of Bhopal under 0. 21, r. 89 of the CPC in favour of the managers of the Maheshwari Agrawal Marwari Panchayat, Bhopal, and the other, a copy of the minutes of the resolution of ....

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....r religious community. Section 13(1)(b) of the I.T. Act is as follows: "13. (1) Nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof-... (b) in the case of a trust for charitable purposes or a charitable institution created or established after the commencement of this Act, any income thereof ....