JUDGMENT

S.P.BHARUCHA, J.

(1) THESE appeals by the revenue arise upon a certificate of fitness given by the High Court of Kerala. The High Court answered in the affirmative and in favour of the assessee trust the following question:

"WHETHER, on the facts and in the circumstances of the case, the assessee is charitable institution, whose income is exempt under section 11 of the Income Tax Act, 1961?"

(2) THE assessee trust is a public charitable trust. It was constituted under a trust deed dated 14/04/1975. The settlors of the trust were certain Muslim residents of Kerala. They constituted the trust "for the purpose of constructing and establishing at Palghat, a Shadi Mahal and other institutions for the educational, social and economic advancement of the Muslims and for religious and charitable objects recognised by Muslim law..." Within a few days of the creation of the trust, i.e., on 20/04/1975, a special general body meeting of the trust was held and it was resolved thus:

"IT was decided to further clarify the clause in the trust deed regarding the purpose of the trust as mentioned in page-5 of the trust deed as:- The income of the trust as