TMI Blog2005 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... y desires to attack the Tribunal's finding as defective or perverse, a specific question to that effect has to be raised - No such question has been raised here. Secondly, section 164(1) of the Act is attracted and such income is brought to tax at the maximum marginal rate, where the shares of different beneficiaries in the trust are indeterminate or unknown. In the instant case though it is true ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the provisions of proviso (ii) to sub-section (1) of section 164 are not applicable in this case?" Briefly stated, the material facts are as follows: The assessee-trust was created by virtue of a will executed by one Vidya Wati for the benefit of her grand-daughter, namely, Poonam, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... status of the assessee-trust as association of persons. Aggrieved, the assessee-trust carried the matter in appeal to the Appellate Assistant Commissioner of Income-tax ("the AAC" for short). The Appellate Assistant Commissioner was of the view that since the trust had been created for the sole beneficiary, namely, Poonam, there was no one else to receive any benefit from the trust at the discr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indeterminate, attracting the provisions of section 164(1) of the Act. We are unable to agree with learned counsel for the Revenue for more than one reason. It is trite that where a party desires to attack the Tribunal's finding as defective or perverse, a specific question to that effect has to be raised, (see: Hazarat Pirmahomed Shah Saheb Roza Committee v. CIT [1967] 63 ITR 490 (SC) and CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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