1996 (3) TMI 13

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....--At the instance of the Department, the Tribunal referred the following common question for the opinion of this court in respect of six assessees for the assessment years 1973-74 to 1975-76 under section 256(1) of the Income-tax Act, 1961 : "Whether, on the facts and in the circumstances of the case, the assessee which is a private trust, with beneficiaries, whose shares are indeterminate, is ....

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....80L(1)(c) and is not an individual or a Hindu undivided family, the assessee is not eligible for the relief. The Income-tax Officer relied upon section 164 which specifically stipulated that where the shares of the beneficiaries are not definite, the tax has to be charged as if the relevant income or part of the relevant income were the total income of an association of persons or at the rate of 6....

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....ngly, it was held that the determination of total income therefore took into consideration the deductions provided under section 80L as well. Accordingly, the Tribunal confirmed the order passed by the Appellate Assistant Commissioner. A similar question came up for consideration before this court in CIT v. Venu Suresh Sanjay Trust [1996] 221 ITR 649, wherein this court held : "The determina....