Judgement

TULZAPURKAR, J.:- These appeals by special leave raise the question : "whether on the facts and in the circumstances of the case the assessee-council could be taken to be a body intended to advance any object of general public utility falling within S. 2 (15) for purposes of S. 11 of the Income-tax Act, 1961?"

2. The facts giving rise to the aforesaid question may briefly be stated. The respondent assessee - Bar Council of Maharashtra - is a body corporate established under the Advocates Act, 1961 (Act 25 of 1961) which came into force on December 28, 1961. During the accounting periods relevant to the assessment years 1962-63, 1963-64 and 1964-65 the assessee derived income from securities (interest) and other income by way of enrolment fees particulars whereof, are as follows :

Assessment year Interest on securities Other income

1962-63

Rs. 3,779 Rs. 28,035

1963-64 Rs. 8,629 Rs. 3,04,103

1964-65 Rs. 9,356 Rs. 96,322

3. The Income-tax Officer subjected to tax the income from both the sources for all the three years. In appeals preferred to the Appellate Assistant Commissioner it was contended by the assessee that its other income by enrolment fees was