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2004 (4) TMI 59 - PUNJAB AND HARYANA HIGH COURT"Whether, Tribunal is right in law in holding that there is no legal infirmity in so far as this trust is concerned and that it could not be treated as a discretionary one to be assessed as per the provisions of section 164?" - Whether the shares of the beneficiaries of two trusts are indeterminate or unknown - The very allegation of wrong distribution implies that the income has not been distributed as per the defined shares. Accordingly, the Tribunal was right in holding that so far as the trust deeds were concerned, there was no scope for holding them to be discretionary and what happened thereafter would not affect the validity of the trust. - The question is accordingly answered in the affirmative, i.e., against the Revenue
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