1998 (9) TMI 79

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....as suggested the following questions in paragraph 4 of the respective applications, seeking a direction to call for the statement of case in respect thereof from the Income-tax Appellate Tribunal under section 256(2) of the Income-tax Act, 1961 : "1. Whether, the Appellate Tribunal is right in law and on facts in confirming the order passed by the Deputy Commissioner of Income-tax (Appeals) direc....

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....reme Court and the jurisdictional High Court and, therefore, no referable question of law would arise. In all these matters, the Income-tax Officer rejected the claim of the assessee to be charged at the normal rate. The Assessing Officer treated, the assessee-trusts as discretionary trusts and charged the maximum marginal rate. The assessees were admittedly beneficiary trusts of the main trust. ....

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....ciary cannot be simultaneously taxed in respect of the same income. Following the ratio of the said decision, the impugned assessments were set aside. The Tribunal observed that, whether the appeals of the principal trusts are the subject-matter of references or appeal before the first appellate authority or the Tribunal, this decision was applicable in all cases because it was not disputed in all....