Judgement

RAMASWAMI, J.: These appeals are brought from the judgment of the Calcutta High Court dated 3rd, 4th and 5th April, 1963 in Income-tax Reference No. 50 of 1961 on a certificate granted under Section 66A of the Indian Income Tax Act, 1922 (hereinafter called the Act).

2. One Ram Kristo Naskar left a will dated 17th May, 1899 by which he left certain properties as debuttar to two deities Sri Sri Iswar Kubereswar Mahadeb Thakur and Sri Sri Anandamoyee Kalimata in the land joining his residential house at 74/75 Baliaghata Main Road. He appointed his two adopted sons Hem Chandra Naskar (since deceased) and Yagendra Nath Naskar as the shebaits. Elaborate provision was made as to the manner in which the income from the property was to be spent. For a long time the income from the property was assessed in the hands of the shebaits as trustees. In respect of the assessment years 1950-51 and 1951-52, the two she baits contended that there was no trust executed in the case and as such the income from the property did not attract liability to tax and particularly the assessments made in the name of Hem Chandra Naskar and his brother Yogendra Nath Naskar as trustees of the debuttar esta