GAURAV LUTHARA Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS appeal, filed by the assessee, is directed against the order dated 21st January 2011 passed by the learned Commissioner of Income Tax (Appeals) -I, Agra, in the matter of order under section 267 r.w.s. 251 of the Income Tax Act, 1961, for the assessment year 2002 -03. The appeal is time barred by 4 days but having perused the condonation petition and having heard the rival contentions on the same, we are inclined to condone this small delay. Accordingly, we admit the appeal and proceed to take up the same on merits.

(2.) TO adjudicate on this appeal, we have to begin by taking note of some undisputed material facts. The assessee before us is a trustee in Gurunanak Devji Trust, Guru Govind Singhji Trust and Guru Teg Bahadurji Trust. While adjudicating appeals in the cases of these trusts, learned CIT(A) held that "these trusts were not valid trusts since they did not come into existence in accordance with Section 6 of Indian Trusts Act" and, therefore, "its income should be taxed in hands of all the trustees who were shown to be managing affairs of the trusts". In pursuance of the directions so given by the CIT(A) vide order dated 31st October 2005, the Assessing Officer passed the following order on 4th December 2006:

(3.) THE assessee is aggrieved and is in appeal before us.