Judgment

CHANDRACHUD, J. - The assessee in these appeals is a company which was registered under the Cochin Companies Act and later under the Indian Companies Act, 1956. The sources of income of the assessee are interest on securities, income from property and kuries or chit funds. For the assessment years 1952-53 to 1956-57, in making its returns of income, the assessee did not show the income from kuries on the ground that it was exempt under S. 4 (3) (i) of the Income Tax Act, 1922 and that the proviso to that section had no application as the business of kuries was not carried on "on behalf of a religious or charitable instruction" but was the trust business of the assessee, itself. This contention was rejected by the Income-tax Officer, the Appellate Assistant Commissioner and the Appellate Tribunal but on a reference under S. 66 (1) of the Act of 1922, the High Court of Kerala in Dharmodayam Co. v. Commr. of I.-T. Kerala, (1962) 45 ITR 478 (Ker), held that the business of kuries was itself held by the assessee under a trust for religious or charitable purposes and that it could not be said that the business was conducted "on behalf of" the religious or charitable institution.