COMMISSIONER OF INCOME TAX Vs. BRIG. KAPIL MOHAN

JUDGEMENT

(1.) THE Tribunal, New Delhi has referred to following two questions of law under s. 256(1) of the IT Act, 1961 (hereinafter referred to as "the Act") for opinion of this Court : "Whether, on the facts and circumstances of the case, the Tribunal was legally right in upholding the order of the DC (Appeals), whereby a direction has been issued to make substantive assessment in the case -

(2.) THE reference relates to the asst. yrs. 1989 -90 to 1992 -93.

(3.) BRIEFLY stated, the facts giving rise to the present reference are as follows: Four trusts were created by Brig. Kapil Mohan's family in the following manner: