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2003 (12) TMI 22 - HC - Income Tax"1. Whether, Tribunal was right in concluding that the resolution and the letter changed the provisions of law, clause 1(i)(a) of the deed of trust, when the deed of trust did not confer authority on the trustees to amend the deed of trust? 2. Whether the provisions of section did not apply to the assessee by reason of the resolution passed by the trustees, even though according to the Tribunal the said section 164 did apply to the deed of trust alone? 3. Whether the Tribunal was right in concluding that the character of the discretionary trust was changed by the resolution passed by the trustees of the trust? - We answer the questions in the negative, i.e., against the assessee and in favour of the Revenue.
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