COMMISSIONER OF INCOME TAX Vs. TRUSTEES OF TRUST

JUDGEMENT

(1.) BOTH the above references raise common question of law. The Tribunal has referred the following question of law for opinion under S. 256(1) :

(2.) IN this case, we are concerned with asst. yr. 1979-80. Assessee is a private trust. The trust was created by an indenture dt. 9th May, 1973. Clause 5(b) of the trust deed reads as follows :

(3.) BOTH the references are accordingly disposed of. No order as to costs.