TMI Blog1997 (5) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961. The claim of the assessee has been that it was a public charitable trust. The Revenue was of the opinion that it is a private charitable trust not entitled to exemption provided under sections 11 and 12 of the Act. The Income-tax Officer after examining the trust deed held that the objects of the trust were not wholly and exclusively charitable but only partly charitable. Following the same view, which had been taken in the earlier assessment years, where exemption was claimed and was not allowed, the Income-tax Officer brought the income to tax for the assessment years in question. The assessee's appeals were dismissed by the Appellate Assistant Commissioner after following the decision of this court in CIT v. Jaipur Charitable Tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decree to get the real facts particularly when the decree was a consent decree. The Tribunal also considered the retrospective nature of the amendment of the trust deed and held that rectification deed cannot have any effect on the deeds already done in good faith by the trustees in the relevant assessment years. The Tribunal also held that the decision of the Delhi High Court in Jaipur Charitable Trust's case [1971] 81 ITR 1 would fully apply to the facts of the case in respect of the amendment to the trust deed and the trust was not entitled to exemption. The following question has been referred to this court for opinion in these references : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the terms of the trust deed and they cannot commit a breach thereon, and there is no reason why a trust deed cannot be rectified under section 26 of the Specific Relief Act. It was also held that since there was an order of the civil court binding on the author and the trustees they could administer the trust only in terms of the amendment directed by the court and thus, the trustees were and must be deemed from the beginning to have been under a legal obligation to hold the properties only for the purpose and for the object and with the power set out in the trust deed as amended. Therefore, whatever might have been the correctness or otherwise of the order passed by the civil court under section 26 of the Specific Relief Act, 1963, it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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