TMI Blog2002 (5) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Income-tax(Appeals)-VI, Bangalore, for the assessment years 1992-93 to 1994-95 and 1996-97. Since a common issue is involved in all these appeals, hence, the appeals are being disposed of by a common order. 2. The returns filed by the assessee for the years under appeal were processed under section 143(1)(a) of the Act. The Assessing Officer issued notice under section 148 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions is applicable when the trustee is not assessed under section 161(1) of the Act. In this regard, Circular No. 157, dated 26-12-1994 issued by the Board was relied upon by the assessee. The assessee also pointed out that a note to this effect was already made in the return of income. The contention of the assessee was not accepted by the Assessing Officer. He was of the view that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y way of a note to the effect that the trustee has already disclosed the income under section 161(1) of the Act. The learned Commissioner of Income-tax (Appeals) has placed reliance on the CBDT Circular No. 157, dated 24-2-1967, the relevant portion of which reads as follows : That once the choice is made by the department to tax either the trustee or the beneficiary it is no more open to go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income will be assessed only once. Therefore, in the present case when the assessee had already disclosed in the return of income by appending a note thereto that the trustee has already been assessed under section 161(1) of the Act, in that view of the matter, there is no reason for reopening the matter for the purpose of assessing the same income in the hands of the assessee. Further, I find tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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