1987 (6) TMI 13

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..... t was delivered by K. S. PARIPOORNAN J.-The petitioner is the same person in both the O.Ps. He is an assessee to income-tax. The respondent in both these O.Ps. is the Commissioner of Income-tax. The petitioner prays that the following two questions of law may be directed to be referred by the Appellate Tribunal for the decision of this court. The questions of law formulated by the petitioner-ass .....

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..... hat on the day when the funds were transferred to the trustees, no trust had, in fact, been created. This finding has been arrived at by the Appellate Tribunal. It is not questioned. If that be so, the contribution of Rs.1 lakh or transfer of Rs.1 lakh to the trustees even before the trust has been created cannot be said to be a proper or allowable expenditure. On this short ground, the common que .....

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..... rding deductibility of amount under section 35B of the Income-tax Act, is covered by the decision of this court in I.T.Rs. Nos. 7 and 8 of 1982 (CIT v. Tharian and Sons [1987] 166 ITR 607 (Ker) ) and I.T.Rs. Nos. 133 and 134 of 1983 (CIT v. K. Ravindranathan Nair [1988] 170 ITR 411 (Ker) ). We are of the view that in the light of the two Division Bench decisions of this court as aforesaid; no refe .....

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