- (1.) Special leave granted.
(2.) Heard learned counsel for the parties. We do not wish to detail out the circumstances which have led to this appeal. It is the conceded position that the appellant's Trust is registered under the Rajasthan Public Trust Act, 1952 and the properties which have been subjected to tax under the Rajasthan Land and Building Tax Act, 1964 are owned by it. These properties are stated to be rent fetching. It is on the basis of the rent that tax has been computed. It transpires that under notification No. T (a) FD/gr. IV/70 dated 23/07/1981 the Stategovernment has exempted with effect from 1/04/1973, the tax payable under the Act, in respect of lands and buildings owned by and in the name of any religious and charitable Trust. Prima facie one cannot spell out any exception towards lands and buildings owned or in the name of a charitable trust if those are rent fetching and rents derived have not been expended towards the religious and charitable purposes for which the trust was created. This aspect does not seem to have been noticed by the High court. It has not even been projected properly. Therefore, we allow this appeal, set aside the order of the High court and remit the matter back to it for reconsideration in accordance with the law, keeping in view the aforesaid aspect.
(3.) The appeal is allowed accordingly. No costs.;