2007 (5) TMI 190

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....ear involved is 1984-85. 2. The following two questions have been referred "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the assessment in the hands of the trust be framed under section 161 of the Income-tax Act, 1961? 2. Whether, in view of the facts and circumstances of the case, the Income-tax Appellat....

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....sion of a Special Bench of the Tribunal, which reversed the order of the Commissioner of Income-tax under section 263 and decided the matter in favour of the assessee. An application under section 256(1) seeking a reference against the decision was rejected by the Tribunal. An application by the Department under section 256(2) seeking calling of the refused reference was rejected by the Allahabad ....

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....gether for any specific venture. Normally, the concept of AOP would not apply where this joining together is not voluntarily, but has been imposed because of external factors as, for example in case of inheritance of joint property or a case like the present one, where the joint is the result of the trust deed and thus has been imposed by the author of the trust. 9. In the circumstances, the de....