COMMISSIONER OF INCOME TAX Vs. MUKAND FAMILY TRUST

JUDGEMENT

(1.) RAISING the following identical questions in all these applications, filed under S. 256(2) of the IT Act, 1961, relating to asst. yrs. 1981-82, 1982-83 and 1983-84, the CIT, Agra, has prayed that the Tribunal be defected to refer these questions for the opinion of this Court :

(2.) THE assessee is a family trust. It filed returns for the three years in question showing income of varying amounts. The assessee trust was assessed for the asst. yr. 1980-81 also and then the ITO took the view that the income of the assessee trust, being a specific trust, is exempt. He repeated the same view for the asst. yrs. 1981-82 to 1983-84. Whereas, the CIT did not feel aggrieved by the order relating to the asst. yrs. 1980-81, he issued notices under S. 263 of the Act to the assessee and passed the impugned order stating in paragraph 12 that the assessment orders for all the three years had been made in undue haste and without proper enquiry.

(3.) INVOLVING similar facts and submissions, the Revenue filed applications under S. 256(2) of the Act, in the case of Goyal Private Family Specific Trust, Agra, being Income-tax Applications Nos. 101 and 102 of 1987 since reported as (1988) 67 CTR (All) 206.