COMMISSIONER OF INCOME TAX Vs. SUNDER SHYAM TRUST

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Ahmedabad Bench "a" has referred the following two questions under Section 256 (1) of the Income-tax Act, 1961 (the Act), at the instance of the Commissioner of Income-tax:

(2.) THE Assessment Years in question are 1984-85 and 1985-86. Heard Mr. B. B. Naik, learned standing counsel for the applicant-revenue. Though served none appears on behalf of the respondent-assessee.

(3.) MR. NAIK has very fairly invited attention to the judgment rendered by this Court on 11. 02. 2004 in the case of Commissioner of Income Tax Vs. Sinivali Trust, in I. T. R. No. 67 of 1997 and cognate references to point out that in case of similarly situated trusts, wherein identical questions were referred for the opinion of this Court, it has been held that the Tribunal was right in directing the Assessing Officer to charge the tax normal rate instead of maximum marginal rate and the Tribunal rightly directed deletion of interest under Section 217 of the Act.