COMMISSIONER OF INCOME TAX Vs. LAXI PD.

JUDGEMENT

(1.) THE following three questions have been referred having been called by the High Court under Section 256(2) of the Income Tax Act, 1961 (in short the 'Act'): 1. Whether the Tribunal was correct in the facts and in law in concurring with the order of the First Appellate Authority holding that M/s Laxmi Pd. and Sons was an A.O.P. created in pursuance of the will left by late Laxmi Pd., when there was no specific direction in the will for the creation of any trust.

(2.) WHETHER the Tribunal was correct on the fact and in law in concurring with the interpretation of the contentions when on plain reading of the will the interference drawn is found to be incorrect.

(3.) AOP is not defined in the Act. Section 2(7) of the Act says that an 'assessee' is a 'person'.