1982 (3) TMI 18

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.....-The assessee is a trust and the ITO while making the assessment for the year 1974-75 held that the shares of the beneficiaries were indeterminate. He took the status as association of persons but held that the basic exemption of Rs. 5,000 as available to the association of persons under the Finance Act was not applicable to the assessee's case. The ITO determined the income at Rs. 6,500. When th....

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.... of the case the Tribunal came to the conclusion that the trust deed had not been properly considered by the authorities below and it had not been found out as to which part Of the income of the trust was hit by the provisions of s. 164. The Tribunal, therefore, sent back the matter to the ITO for determination of the question. Regarding the manner in which the tax was to be levied, the Tribunal o....

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....ascertaining the fact regarding the part of income to which section 164 would apply. " Upon an application being made by the assessee under s. 256(1) of the I.T. Act, 1961, the following question of law has been referred to this court: " Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that while imposing tax under section 164(3)(b) of the Incom....

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.... Chapter or section, as the case may be." This view we are taking is in consonance with the ratio of the decision of this court in the case of CIT v. Trustees to the Trust Estate of Tarun Kumar Roy [1974] 94 ITR 361. We do not find anything in the decision of this court in the case of Official Trustee v. Commissioner of Income-tax [1954] 26 ITR 410, to the contrary. It appears to us that s. 139....