(1.) In these three references, we are concerned with identical questions which arise in respect of three assessment years of the same respondent-assessee; assessment years being 1979-80, 1982-83 and 1983-84.
(2.) These questions are referred by the Tribunal alongwith statement of the case pursuant to the direction given by this Court in its order dated 11.7.1989 on the application preferred by the Department. Before we disclose the exact nature of the questions referred to, we state the relevant facts.
(3.) The assessee is an Individual. By a trust deed executed on 15.4.1978 the assessee and her husband Shri Bal Kishan Dass created a private trust by the name of U.B. Enterprises Trust. Each of the settlers had settled a sum of Rs. 10,000/- in trust for the benefit of the five beneficiaries, namely, Smt. Shashi Agarwal, daughter-in-law of the settlers, Master Amit, Miss Ujala Agarwal, Master Kapil Agarwal and Miss Anupama, the grand-children of the settlers. The Income-tax Officer making the assessment on the assessee examined the trust deed and held that under the provisions of section 64(1) (vi) of the Act, 50% of the income from the trust was includible in the total income of the assessee. A sum of Rs. 24,855/- was, thus, added in arriving at the total income of the assessee for the assessment year 1979- 80.