1983 (12) TMI 90

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....rsons. The assessee's claim for relief under section 80L of the Income-tax Act, 1961 ('the Act') was disallowed by the ITO on the ground that such relief is allowable only to 'individuals' and 'HUFs' and in those exceptional cases of husband and wife of the formerly Portuguese territories. 2. On appeal, the AAC held that the true status of the assessee ought to be individual and not an AOP. He,....

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....he Madras Bench of the Tribunal in the case of Gopal Srinivasan Trust v. ITO [1983] 3 ITD 322. According to the learned counsel, the status in the present case had to be taken as individual to whom relief under section 80L was available. 5. After hearing the parties and going through the provisions referred to, I find that there is no substance in the departmental appeal though not for the reas....

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....w are involved, either they could be called a body of individuals or an AOP. Prima facie, there could not be a case of these two people being treated as a 'body of individuals' and in the alternative an 'association of persons'. If they are a BOI that should be sufficient to describe them amply. The question of another appellation, viz., AOP, does not arise. Also in the light of decisions like CIT....

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....see. 6. Apart from the above, whether a trust has two or more beneficiaries or has two or more trustees, no provision of law has been cited to term this trust as an 'association of persons'. The author of the trust puts the trust property under an obligation. For administration of the obligation, he may appoint one person or a multitude of persons. He may make the trust for the benefit of one p....