Law:

Section:

Section 11 of the income-tax act, 1961-Charitable or religious trust-Exemption of income from property held under-Main objects of assessee trust was to collect, preserve, administer and alienate properties dedicated to supreme being under directions of council or sant satguru as sole master-Trust also revocable under directions of council and trustees holding office at its pleasure-Assessment years 1967-68, 1968-69 and 1969-70-ITO and AAC rejected assessee's claim for exemption under section 11 or 12 qua its trust income on the grounds that there was no valid trust for religious purposes and that assessee had no legal compulsion or obligation to maintain or hold properties for satsang-Tribunal upheld claim for immunity under section 11, holding that section 12 did not apply to income derived from property by way of interest, sale of publications or sale of grass-Whether tribunal right in law in holding, inter alia, that assessee, a religious institution, was entitled to exemption under section 11 Held, on facts, no Facts The followers of the Radha Swami faith established, under the directions of their Guru, a Central Council defining its constitution and by-laws and vesting all the movable and immovable properties therein. A document declaring the constitutional powers of the Central Council (designated as Radha Swami Trust) came into being in June 1904. A trust deed was executed in October 1904. Its objects and by-laws, inter alia, provided (i) that the trustees shall collect, preserve, administer and, if necessary, alienate the properties, movable or immovable (except samadhis and places of public worship) dedicated to the Supreme being or acquired for, or presented to, the Satsang and its branches under the directions of the council of Sant Satguru who shall be the sole master; (ii) that the trust shall be revocable at the direction of the council and the trustees shall hold their office at its pleasure; and (iii) that all immovable properties, on its acquisition by the Satsang, either as presents/offerings or by purchase or otherwise, shall be forthwith conveyed in the name of the trustees. On the death of Guru, the faith split into two sections; Swamibagh…

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