9911796707
TMI Blog2013 (7) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... matter remanded back. - Tax Case (Appeal) Nos.302 to 304 of 2010 - - - Dated:- 8-7-2013 - Chitra Venkataraman And K. B. K. Vasuki,JJ. For the Appellant : Mr. R. Janakiraman For the Respondent : Mr. N. V. Balaji Standing Counsel for Income Tax Department JUDGMENT (The Judgment of the Court was made by Chitra Venkataraman, J.) The assessee filed the above Tax Case Appeals as against the common order of the Income Tax Appellate Tribunal relating to the assessment year 1998-99, 1999-2000 and 2000-2001 raising the following questions of law :- "1. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the beneficiaries under the appellant trust were unknown or their shares indeterminat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessable u/s.161(4) read with Section 161(1) of the Income Tax Act, 1961; however, the assessment was made under AOP (Association of Persons). One of the grounds before the Commissioner of Income Tax (Appeals) was the Assessing Officer erred in treating the trust as sham and colourable device. The Commissioner of Income Tax (Appeals) dismissed the appeal and confirmed the findings of the Assessing Officer. 4. Aggrieved by this, the assessee went on further appeal before the Income Tax Appellate Tribunal, wherein, in Ground No.7, the assessee questioned the order of the Commissioner of Income Tax. 5. We find that the ground raised as regards the genuineness of the Trust was not considered at all by the Income Tax Appellate Tribunal. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in fact to be decided by the Tribunal was as regards the genuineness of the Trust. Thus, even though the questions were answered in favour of the assessee, we later on cancelled the said order by order dated 24.06.2013 and directed that the matter be listed for fresh hearing. 8. After going through the records and after hearing learned counsel on either side, we found that without giving a finding on the genuineness of the Trust, the relief claimed in the Tax Case Appeal could not be granted to the assessee following the decision of this Court in the case of Commissioner of Income Tax Vs. P.Sekar Trust reported in (2010) 321 ITR 305 as well as in the case of CIT Vs. Chandrakanth (M.K.) reported in (1997) 225 ITR 101. 9. In the circums ..... X X X X Extracts X X X X X X X X Extracts X X X X
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