1999 (2) TMI 39

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..... ADIA J.---At the instance of the Department, the Income-tax Appellate Tribunal has referred the following question of law for the opinion of this court for the assessment year 1978-79 under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, and having regard to the terms of the trust deed dated May 5, 1973, the Tribunal was right in law in h .....

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..... he Commissioner of Income-tax (Appeals) allowed the claim of the assessee. Being aggrieved, the Department came in appeal before the Income-tax Appellate Tribunal (the "Tribunal"). Before the Tribunal, the learned representative of the assessee relied upon the order of the Tribunal in I.T.A. No. 3103/Bom of 1980, dated August 24, 1981, in the case of the same assessee wherein the claim of the asse .....

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..... beneficiaries have included their shares of income in their individual returns and have paid taxes thereon. Following the order of the Tribunal in the case of this very assessee for the earlier assessment year 1977-78 the order of the Commissioner of Income-tax (Appeals) was confirmed by the Tribunal in the present case. Situated thus, there is no material before us to hold that section 164(1) of .....

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