2002 (9) TMI 302

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.... JUDGMENT R. JAYASIMHA BABU J- The questions referred to us for our consideration are: "1. Whether, on the facts and in the circumstances of the Case, the Appellate Tribunal is right in law in cancelling the order passed by the Commissioner of Income-tax, (under section 263 of the Income-tax Act? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is....

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....the ground that the original assessment was faulty and prejudicial to the Revenue as the trust had not been treated as an association of persons and taxed on that basis, as in his view the trust deed did not identify all the beneficiaries and the shares were also not determinate. That view of the Commissioner has been found to be erroneous by the Tribunal. Having perused the order of the Tribunal,....