- (1.) THIS application under section 66 (2) of the Indian Income-Tax Act must, in my opinion, be dismissed on the sort ground that no question of law arises which would justify this Court in requiring the Tribunal to state a case.
(2.) PRIOR to the year 1948 the firm known as Hamdard Dawakhana was owned in partnership by hapi-Abdul Hamid, his younger brother Mohammad Sayeed and their mother Mst. Rabia Begum in the shares of seven annas, seven annas and two annas respectively.
(3.) ON the 1st January 1948 the three partners declared in the presence of a number of respectable witnesses that three-fourths of each individual shares in the profits of the partnership would be dedicated to a waqf and on the 28th August 1948 they executed a formal deed of waqf by virtue of which one-eighth of the net profits of the business was to be set apart as a reserve fund and of the balance 25 per cent was to go to the three waqfis in the proportion of their original profit sharing ration, namely 7: 7: 2. The balance of the net profits termed 'quami income' was to be set apart for being spent for charitable purposes. This deal was to operate retrospectively from the 1st January 1948. On the 6th March 1949 Haji Mohammad Sayeed was declared an evacuee with effect from January 1948.;