JUDGMENT

PATHAK, J. :— These appeals by certificate granted by the High Court of Gujarat are directed against the judgment of the High Court delivered an 29/30-6-1972* on the application of Section 4 (3) (i) of the Income-tax Act, 1922 and Section 11 of t

e Income-tax Act, 1961.

* Reported in 1973 Tax LR 1228

2. The assessment years involved are 1960-61, 1961-62 and 1962-63 (the corresponding accounting periods being the financial years ending 31-3-1960, 31-3-1961 and 31-3-1962 respectively). The Income-tax Officer held that the respondent was not entitled to the benefit under, Sec, 4 (3) (i) of the Act of 1922 in respect of the first assessment year and under Section 11 for the assessment years 1961-62 and 1962-63. The Income-tax Officer proceeded on the view that the objects for which the respondent association was constituted contained certain clauses which permitted the respondent to apply the income to purposes which were not wholly charitable. The Appellate Assistant Commissioner maintained the order of the Income-tax Officer. But the Income-tax Appellate Tribunal took an entirely contrary view and held that the respondent was entitled to the exemption claimed by it. Upon a refe