Srinivasa Iyengar, J.—The Income Tax Appellate Tribunal, Bangalore Bench, has stated a case and referred the following question for the opinion of this court :

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was a charitable trust created for the relief of the poor, education and medical relief within the meaning of section 2(15) of the Income Tax Act, 1961 ?"

2. The assessee is a trust constituted by one Sri Alur Laxminarayana Rao by a deed, dated 17th March, 1958. The author of the trust settled a sum of Rs. 5,000 on trust for the objects set forth in the said feed.

Clause 4 of the deed sets out the objects as follows :

(a) The benefits from the trust shall be open to all persons irrespective of caste, community or religion.

(b) Awarding scholarships to deserving students. The scholarships may be given by way of loan or outright gratuity not returnable and/or partly by way of loan and partly by way of gift or gratuity or in any other manner appropriate to the situation.

(c) To pay or advance for medical relief, expenses of marriage and other appropriate occasions in deserving cases.

(d) To create or manage e