2007 (1) TMI 106

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....ection 256(2) of the Income-tax Act, 1961, hereinafter referred to as "the Act", for opinion of this court "Whether, on the facts and in the circumstances of the case, the Tribunal was in law justified in upholding the Deputy Commissioner (Appeals) action in cancelling the order passed under section 154 of the Income-tax Act, 1961, on February 27, 1989, for the assessment year 1982-83 ?" 2. ....

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....ce of alternative and contingent events. On these facts, the Department took the view that since the sole beneficiary of the trust was neither in existence nor was identifiable at the time of creation of the trust, the trust did not fulfil the requirements of section 6 of the Indian Trusts Act and, therefore, was not a validly created trust. 5. For the assessment year 1982-83, the assessee-trus....

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....of  income declaring a total income of Rs. 49,168. For this year also, the assessment was completed under section 143(3), on March 3, 1989, the assessee trust on a total income of Rs. 49,168 on a protective basis. 7. In the appeal for the assessment year 1982-83 against the order under section 154 passed on February 27, 1989, the Deputy Commissioner (Appeals), Lucknow, vide her order dated....

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....year 1983-84 in the case of Smt. Comilla Mohan held that the trust was a valid one and also directed the Assessing Officer to make a substantive assessment in the hands of the assessee-trust. 9. On the Department preferring second appeals against the respective orders of the Deputy Commissioner (Appeals) for the assessment year 1982-83 as well as 1986-87, the Tribunal has passed a consolidated ....