Commissioner of Income Tax vs Seva Trust

N.V. Balasubramanian, J.—On the basis of directions of this Court, the Appellate Tribunal has stated a case and refer the following question

of law :--

Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the status of the assessee cannot

be adopted as that of an Association of Persons and the income is to be allocated to the beneficiaries only?

The assessment year involved is 1984-85. It is stated by the learned counsel for the Revenue that the issue raised in the question is covered against

the revenue by the unreported decisions rendered by us in T.C. Nos. 50 of 1999 and 219 of 1999 dated 3-12-2002 wherein we have followed an

earlier judgment of this Court in T.C. Nos. 210 and 211 of 1998 dated 29-10-2002. Following the said judgments, the question of law is required

to be answered against the Revenue. Accordingly, we answer the question of law referred to us in favour of the assessee and against the Revenue.

No costs.