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1973 (1) TMI 4 - MADRAS HIGH COURTAmount set apart in trust during partition for the purpose of marriage and ceremonial expenses of the female members was assessed as association of persons - whether the assessment could be reopened for applying maximum marginal rate as the beneficiaries were not known - " (1) Whether the reopening of the original assessments under section 147(b) was valid in law ? and (2) Whether assessment at the maximum rate of the income from the trust fund under the provisions of section 41(1) of the Indian Income-tax Act, 1922, was valid in law - the proviso to section 41(1) of the old Act is quite applicable to the facts of this case. It is not in dispute that the shares of the various beneficiaries of the trust are indeterminate and unknown and, as a matter of fact, the beneficiaries themselves are a fluctuating body of persons – question answered in the affirmative and against the assessee
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