TaxTMI 
TaxTMI 
2013 (3) TMI 50
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....unsel for the Department and Sri Vidya Bhushan Upadhyaya, learned counsel for the assessee. The present reference has been made by the Income Tax Appellate Tribunal Allahabad Bench, Allahabad for the assessment year 1986-87. The Tribunal has sought the opinion of the Court on the following question of law. "Whether on the facts and circumstances of the case, the Tribunal was right in holding tha....
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....s have been answered in favour of Revenue and matters have been sent back to the Assessing Officer to make fresh assessment order in accordance with law after ignoring the rectification made in the Trust-deed. One of the questions in those references was whether on the facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in holding that the Trust namely M/s. Sherva....
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.... had discretion to grant amounts to such persons as they choose. The Court held relying upon CIT v. M. Jamal Mohd. Sahib, 1941 (9) ITR 375; CIT v. Aga Abbas Ali Shirazi, 1944 (12) ITR 179; CIT v. East India Industries Pvt. Ltd., 1952 (21) ITR 231 and Kedia Jatiya Sahayak Sabha v. CIT, (1963) 49 ITR 75 that the discretion to give money to those, who are chosen by the trustees, cannot be treated as ....