VENKATARAMIAH, J. ( 1 ) THE questions of law which arises for consideration in these cases are common. We; therefore, propose to dispose of these two cases by this common judgment. ( 2 ) THE assessee in ITRC. 57 of 1974 is Sri Aroor Bros Charitable Trust, mangalore and the assessee in ITRC. 58 of 1974 is Sri A. R. Mohan Rao charitable Trust, Mangalore. The assessees were treated by the Income- tax Dept as Charitable Trusts entitled to the benefit of exemption under sec. 11 of the Income-Tax Act, 1961 (hereinafter referred to as 'the Act'), till the assessment year 1968-69. But in the year 1969-70, the Income-Tax officer took the view that as there was no charitable trust in existence; they were not entitled to the exemption contemplated under Sec. 11. The assessees preferred appeals before the Appellate Asst Commr of Incometax. He reversed the decision of the Income-Tax Officer and held that they were charitable trusts entitled to the benefit of Sec. 11. The Dept took up the matter in appeal before the Income-Tax Appellate Tribunal, bangalore Bench. The Income-Tax Appellate Tribunal dismissed the appeals. Thereafter, at the instance of the Dept, the Tribunal referred the following common question of law to this Court :"whether, on the facts and in the circumstances of the case, the objects of the assessee-trust constitute ' charitable purposes' within the the meaning of Section 2 (15) of the Income-Tax Act, 1961?" ( 3 ) THE Trust deeds of the two Trusts in question are before us. Cl. 4 in each of those deeds sets out the objects of the Trust in question. It reads :"4. The objects of the Trust are the following and the benefits from the Trust shall be open to all persons irrespective of caste, community or religion- (a) Awarding the scholarships to deserving students. The scholarships may be given by way of loan or out-right gratuity not returnable and j or partly by way of loan and partly by way of gift or gratuity or in any other manner appropriate to the situation. (b) To pay for or advance for medical relief, expenses of marriage and other appropriate occasions in deserving cases. © To create or manage endowments for prizes and scholarships in Schools and Colleges. (b) To pay for or advance for medical relief, expenses of marriage and other appropriate occasions in deserving cases. © To create or manage endowments for prizes and scholarships in Schools and Colleges. (d) To establish and run schools, destitute homes, hospitals, sanatoriums, libraries, art galleries, maternity and child welfare centres, family planning and other clinics, rural or urban medical relief services, etc. (e) To contribute by way of donation or to advance moneys for the purpose of charitable, religious, education and cultural activities. (f) To make contributions for renovation of any historical monuments of common interests or religious or cultural institutions. (g) To construct-buildings for schools, hostels, sanatoriums, etc, and donate them to Govt, quasi-Govt institutions or public bodies or run them under the management of the Trust. (h) To create endowments for doing reasearch work in all banches of science and learning. " ( 4 ) CLAUSE 8 in each of the deeds reads"8. As it is the desire of the Author of the Trust that Trusttees shall endeavour to augment) the Trust fund, the Trustees are hereby empowered to enter into partnership with any person or persons and also to engage in all such trades or business as agents or otherwise as they-deem proper. " ( 5 ) IT is contended on behalf of the Dept that since clause-8 authorises the Trusts in question to carry on trade or business with a view to making profit, it cannot be said that the cases come within the ambit of the definition of the expression 'charitable purpose' found in clause (15) df Sec. 2? Of the Act and therefore, the assessees cannot claim the benefit of Sec. 11. Section 2 (15) reads :" Charitable purpose" includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit. " ( 6 ) IT is not disputed before us that the objects of the Trusts in question are those falling within the first three categories referred to in Sec. 2 (15) of the Act, namely, relief of the poor, education and "medical relief. At any rate it is not contended that the moneys of the trusts are being spent on any activity other than relief of the poor, education or medical relief. At any rate it is not contended that the moneys of the trusts are being spent on any activity other than relief of the poor, education or medical relief. We, therefore, proceed on the basis that the objects mentioned in the trust deeds do not fall within the fourth category, namely, 'any other object of general public utility'. The only question which is canvassed before us by the Dept is that the clause 'not involving the carrying on- of any activity for profit' appearing in Sec. 2 (15) qualifies all the a