9911796707
TMI Blog1978 (4) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... his property to his wife, Smt. Durga Sundari Dey, as the trustee of the three deities mentioned therein and upon trusts specified therein. It, inter alia, provides that after meeting the expenses specified therein out of the income of the debutter property, if there remains any unspent balance of the income, such balance shall be paid to the shebaits as her or their remuneration in equal shares for looking after the worship and for doing the acts and deeds mentioned therein. On the same date the assessee also executed another deed (hereinafter referred to as the " family trust deed "), transferring lot ' B ' of this property to his wife as the sole trustee for the purposes mentioned therein. This deed, inter alia, provides that the trust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resaid two deeds of trust. The Tribunal rejected those applications on the grounds that those documents were not in existence in the relevant years and that the assessee was not entitled to change the facts and circumstances as they existed in the relevant years. It was thereafter argued on behalf of the assessee before the Tribunal that the aforesaid trusts were irrevocable. The Tribunal rejected the contention and held that they were revocable trusts. It also held that their income was liable to be assessed in the hands of the assessee. In that view of the matter, the Tribunal dismissed the appeals and thereafter referred the following questions to this court : "1. Whether, on the facts and in the circumstances of the case, and on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee that the Tribunal should have admitted those documents inasmuch as they were executed subsequently which according to the learned counsel for the assessee is a " substantial cause " within the meaning of this expression in r. 29. But there is no merit in this contention. The aforesaid documents were executed after the assessee lost the appeals filed by him before the AAC. These two documents also ex facie show that they were brought into existence with a view to get rid of the orders of the ITO and the AAC by making these two trusts as public and irrevocable trusts with retrospective operation. Accordingly, the Tribunal has rightly held that the assessee was not entitled to change the facts and the circumstances as they existe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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