K.N.SAIKIA, R.M.SAHAI
Victoria Technical Institute – Appellant
Versus
Commissioner Of Income Tax (Additional) , Madras – Respondent
JUDGMENT
This appeal by certificate is from the Judgment and Order of the Madras High Court in T.C. Nos. 383 of 1984 and 780-789 of 1976, since reported in 120 ITR. The following two questions of law were referred for the opinion of the High Court:
"1. Whether the income derived by the assessee from its General Fund and South Indian Women Workers Executive Committee Fund is entitled to exemption under S. 11 of the Income-tax Act, 1961, for the assessment years 1962-63 to 1971-72?
2. Whether, on the facts and in the circumstances of the case, the income from the Purchase and sale of handicrafts, without setting up educational institutions or training centres for advancement of studies would constitute charitable purpose and would, as such, qualify for exemption?"
2. By acommon judgment dated ApriI I2, 1978 the Madras High Court held that the advancement of the object of general public utility was linked or connected with an activity for profit and that the object of the assessee was not a "charitable purpose" within the meaning of Section 2(15) of the Act. In arriving at that judgment the High Court mainly relied on a decision of this Court in Indian Chamber of Commerce v. Commissione
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