1. S.A. MASUD, J. In this reference under s. 66(1) of the IT Act, 1922, the short point to be decided is whether the income derived by trustees under a deed of endowment in respect of certain immovable properties for the purpose of certain religious functions including services and poojas of particular deities fall under the mischief of the first proviso to s. 41(1) of the Act. The facts of the case are as follows :

2. SRI Rajendra Nath Dutt executed a will dt. 6th Aug., 1892, under which he created, inter alia, a trust in respect of several houses and godowns including the tenanted houses at No. 10, Convent Road, and No. 62, Dharamtolla Street, Calcutta. This settlement of trust was made to ensure due performance of certain religious festivals and ceremonies and poojas of certain deities. At the material period the applicants were the trustees to the estate of the late SRI Rajendra Nath Dutt for each of the asst. yrs. 1952-53 and 1953-54. The applicants were assessed to a total income of Rs. 7,973 being the rental income from the house property at No. 10, Convent Road, Calcutta, and No. 62, Dharamtolla Street, Calcutta, and ground rent, etc. The ITO taxed this income at th