TMI Blog2013 (11) TMI 1438X X X X Extracts X X X X X X X X Extracts X X X X ..... e all the income tax appeals, which are in continuation of the proceedings of the assessment were pending - Thus the assessment proceedings had not become final – The issue was restored for fresh decision. - Decided in favor of revenue. - Income Tax Reference No.149 of 1989, Income Tax Reference No.150 of 1989, Income Tax Reference No.130 of 1989, Income Tax Reference No.97 of 1990, Income Tax Reference No.93 of 1990 - - - Dated:- 7-12-2012 - Hon. Sunil Ambwani And Hon. Aditya Nath Mittal,JJ. ORDER 1. We have heard Shri Shambhu Chopra appearing for the Income Tax and Wealth Tax department. Shri V.B. Upadhyay, Sr. Advocate assisted by Shri Vidya Bhushan Upadhyay appears for the respondent assessee. 2. In all these appeals under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of remuneration to the Managing Trustee was retrospective in its operation? ITR No. 93 of 1990 In ITR No.93 of 1990 the Tribunal vide its reference dated 10th May, 1990 has referred the same questions as above for consideration relating for the same assessment year. ITR No. 97 of 1990 "1. Whether in law and circumstances of the case the ITAT was justified in deleting the addition of Rs.18,546/- made as notional trustee's remuneration from M/s Shervani Charitable Trust, Allahabad for the year under consideration. 2. Whether in law and circumstances of the case, the ITAT was justified in following its earlier decision for the assessment year 1974-75 wherein the order of the Settlement Commission holding that the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as spent on non-charitable purposes in any of the assessment years. It was further found that having regard the fact that amounts involved are very small, the Supreme Court did not interfere with the order of the Settlement Commission. He submits that now after subsequent order of the Supreme Court dated 9th October, 2001 by which only those assessment proceedings, which had become final were saved, from the affect of the judgment, questions of law should be decided in favour of the department and that the matter shall be sent back to the A.O. for fresh assessment in accordance with law. 5. Shri V.B. Upadhyay, learned Senior Counsel appearing for the trust and the trustees, who have been assessed on the remuneration received by them from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed must be read as it originally stood and that is the manner in which the appellant trust should be assessed except in the case. The Supreme Court, however, saved the assessment proceedings that have become final. 8. In the present case all the income tax appeals, which are in continuation of the proceedings of the assessment were pending on 9th October, 2001, and thus the assessment proceedings had not become final. All these assessment proceedings will therefore be affected by the judgment and that assessments have to be made afresh ignoring the civil court decree passed in the year 1980. 9. All the income tax references are consequently decided. The questions of law are answered in favour of the revenue and the matters are sent ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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