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2002 (9) TMI 302

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..... te and that the trust deed is void and vagueness, thus setting aside the revision order. Decision in favor of assessee – against the revenue. - 320 to 322 of 1997 - - - Dated:- 18-9-2002 - R. JAYASIMHA BABU and K. RAVIRAJA P ANDI AN JJ. J. Nareshkumar for the appellant. P. P. S. Janardhanaraja for the respondent. JUDGMENT R. JAYAS IMH A BAB U J - The questions referred .....

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..... ion of persons under section 164 did not arise. The order made to the contrary by the Commissioner, who exercised his power under section 263 to revise the original assessment order, which had not levied tax on the trust but had imposed tax on the beneficiaries directly, was set aside. 3. The Commissioner had invoked section 263 on the ground that the original assessment was faulty and prejudi .....

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..... P. Bhandari [1984] 147 ITR 500 has held that the provision made in the trust deed for a prospective wife with the other clauses indicating as to when the benefit should go in the event of the person not marrying did not render the trust deed void for vagueness and that it also did not offend the rule against perpetuity. 6. The share to be allotted to the beneficiaries being determinate under .....

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