Sudhindra Mohan Guha, J. - (1.) In this reference at the outset we must put on record our deep appreciation for the services rendered by Mr. Pranab Paul as an amicus curiae.
(2.) This reference arises out of an application under Section 256(1) of the I.T. Act, 1961, at the instance of the Commissioner in respect of the assessment for the years 1968-69 and 1969-70, The assesses, the Bengal Mills & Steamers Presbyterian Association (hereinafter referred to as "the association") is a very old association havingibeen registered as a society under the Societies Registration Act, 1860, as back as in the year 1906. The association was then formed by a few European residents of Bengal for the purpose of carrying out the objects set out in Clause 3 of the memorandum of association dated 25th January, 1906. The main object set out in Clause 3(a) thereof is : "to make provision for supplying and maintaining instruction and diffusion of useful knowledge and maintain the ordinances of religion among the European employees of the jute, cotton, paper and other industrial establishments in Bengal, and amongst the European officers and crews of vessels visiting the Port of Calcutta and the fostering of religious interests and activities among the same".
(3.) The management of the association has been entrusted to a governing body called the court of governors, which shall ordinarily include at least one representative of the owners or managing agents of subscribing mills, one representative of the works managers, one representative of the European assistants at the mills and two representatives from St. Andrews Church, Calcutta, appointed by its Kirk Session.;